Can I take my auto insurance to a lawsuit they did't explain that my husband was excluded on the auto ins.?

Question

It's been hard to my husband and me because we tought we had coverage but my insurance told us that my husband was excluded and not included in my auto insurance. And I talk to the lady who sell the insurance to us I especify that my husband was going to drive and use the cars.

Answer 1

1st. Look at the insurance policy jacket that she gave you and find out if there was any page called exclusion form or any form that mentions any thing about your husband being Excluded. if there is and you have signed it then you can not sue the company and you have to go after your insurance agent/broker.
2nd. If there was no such form with policy jacket but company is claiming that they have sent you documents in regards to his exclusion due to his driving record or missing information, then you can go and explain that you have never received any thing that states your hos band was excluded and they have to cover you for any automobile losses.
3rd. If you have signed the exclusion form and your agent did not explain that he was going to be excluded, then you can go ahead and file a law suite against your agent/Broker.

Answer 2

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Answer 3

Yeah, my parents did this with my baby sister, on their State Farm policy. She's a lawyer, by the way, and doesn't live with them any more, anyway. Of all us kids (there were five) she's the only one excluded. I think it's a combination of State Farm being highly suspicious of kids in the household, and your parents not notifying them when the kids moved out. That not getting a straight answer from mom is another symptom - my parents also don't understand exactly how insurance works and why, and they confuse things up much more than they have to be. I wouldn't worry too much about it. I've tried to educate my parents about insurance a bit, then decided, ok, their agent is doing ok by them, it's not a big deal, and it's CERTAINLY not worth the effort I was putting into it.

Answer 4

Do you have any proof that you told her specifically that you wanted your husband on the insurance policy? Did they give you a copy of the policy after it was written? Did you read it? If so, was your husband included on it or not? Did your husband have an accident and you were denied coverage? For a lawsuit, this is kind of iffy. I was a claims adjuster for several years and I frequently had people express surprise (sometimes shock even) that this or that wasn't covered. The truth of the matter is that if you're given a copy of the policy, it explains everything that's covered in there in black and white and this should include covered persons. Most people don't take the time to read the policy though so they don't know what they've got until they have an accident. That's not the insurer's fault and that's essentially the stumbling block in your situation. If you were given a copy of the policy and failed to read it, I don't think you have a case.

Answer 5

In order for your husband to be excluded you had to SIGN a sheet of people acknowledging the exclusion. However if you NEVER LISTED YOUR HUSBAND on your policy and your policy says ALL DRIVERS IN THE HOUSEHOLD must be listed that's a different story and they are 2 entirely different things. Your insurance company can refuse to insure someone for a variety of reasons but if they do they send YOU and your agent a letter stating why. Ultimately, YOU are responsible for making sure your insurance policies are correct and no one else, and it starts with the insurance application stating WHO is applying for the coverage. If your application didn't have your husband on it, that was your first clue something was wrong and you should have spoke up then.

Answer 6

It comes down to the form(s) you may have signed. If you were looking for a cheaper rate and your husband had a bad driving record, the agent may have told you to exclude him, to save money. However, if you did not understand the exclusion, or did not ask for it, you should be retain an attorney (but only if you've had an accident). If you haven't had an accident, all you have to do is have your insurance company 'rate' your husband on the policy. One warning- if you successfully dispute the exclusion, and your insurance company does cover your husband (I'm assuming for an accident) then they will bill you for any premium difference back to the beginning of your policy.

Answer 7

Pretty darned hard. There are TWO ways for your husband to be excluded on the policy - either the policy owner signed off when the policy was just taken out, on an "operator exclusion" form, OR, the policy owner signed later that the husband was excluded.

So sure, you can sue, but you're going to lose - because either 1. you lied on the application by saying he wasn't there or 2. you signed to exclude him when you bought the policy or 3. you signed to exclude him later.

Spouses are automatically INCLUDED, unless you specifically exclude him. And insurance companies are pretty darned careful to get that in writing from you at the beginning.

Your declaring "I told the lady he was going to drive!" is offset by your WRITTEN SIGNATURE, stating he wasn't.

Answer 8

Not enough facts. Have you had a loss that was not covered? If not, what harm have you actually suffered? No one will take your case if there were no damages resulting from the insurance company's action, since there is no monetary loss to you.

If they have refused to cover a loss for him, you can claim "bad faith", but check on exactly what you bought, and if you agreed to the exclusion.

You can file a complaint with the state insurance commissioner also - this generally causes more trouble inside an insurance company than a lawsuit does.

Answer 9

On the application one of the questions is married or single. If you are married your husband should have been listed as a driver as he lives in the household. Also you can loan your car to anyone you want. You are leaving out a few facts here. Need more details as to why they denied the claim.

Answer 10

You should have signed something saying that you understood he was excluded. What company is it? If he is excluded and they didn't advise you of the fact than they are liable - was your husband in an accident?