All drama aside, the situation is pretty simple... except I'm betting you're not gonna like the realities of it.
1. Your Agent told you something.
2. You chose to act on what your Agent said, without any verification from the insurance co. that what he said was correct (either a call to them or a perusal of your existing policy). Maybe because of your longterm relationship with him you trusted him, or maybe because it was the answer you wanted to hear - that you wouldn't have to pay increased premiums, or any number of other reasons. Then there is the possibility that the Agent, though well-intentioned, may have just been plain wrong (which now appears may be the case).
3. Insurance cos. are not gift houses and are not responsible for losses they are unaware of - you NEVER informed the Insurance Co. of the added equipment or the increased value of the vehicle because of that equipment. If you thought the Agent was responsible for informing them, again, you failed to follow-up and see that it was done (such as getting a copy of his report to them for your records, etc.). If he was responsible, or agreed to inform the ins. co. and didn't, then again, he's the responsible party, not the ins. co.
4. The insurance co., rightfully, is offering you the 'normal' value of a vandalized audio system - they are in business for profit and will naturally try to settle claims for the minimum - if you were one of their stockholders, that's exactly what you'd want and expect them to do.
5. Insurance contracts, by necessity, are filled with indemnity clauses. Every auto policy I have ever had includes one to the effect that: 'No other representations, oral or written are valid unless included in the declarations page of the policy'.
6. You were foolish to take your Agent at his word without any other confirmation, or documentation of your conversation with him. You now want to hold the Insurance co. responsible for his errors and your foolishness. People makes mistakes, such as not documenting conversations with Agents, we learn from these. But we also have to bear the responsibility for our own mistakes, and in your case, this may be $2k+.
7. Your beef for the difference between the ins. cos.' settlement and the actual value of your loss is with your trusted longstanding Agent, not the insurance co. If he truly is a longstanding and trusted Agent as you say, he will admit to the erroneous advice he gave you and cover the loss out-of-pocket (He carries Errors and Omissions Insurance too to cover this, though may not have reached his deductible for only a couple grand - his problem, not yours). Or, if you have documentation of your conversation with him, such as follow-up emails, a witness, etc., then you have evidence to use against him in a Civil action, incl. Small Claims Court. But, you essentially have no claim against the insurance co. except for any representations made by them in your policy which were not honored.
8. The Ins. Co. is covering the loss on those things they agreed to cover. They are not agreeing, after the fact, to cover losses they were not aware of, nor should they be.
9. If you wish to seek relief for your loss, it is the Agent who is responsible for part of it, but you too are responsible for not getting everything in writing and having something from the insurance co. stating they would cover the lost items.
See, I knew you wouldn't like it, but these are the realities.
GL on whatever solution comes out of all this!
Cheers!
Last edited by Lil bastard; 07-08-2010 at 09:29 PM.
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