QUESTION

Can I sue my insurance agent who told me that my workmans comp policy was set and indeed I did not have one?

Asked on Nov 10th, 2014 on Business Law - Connecticut
More details to this question:
I met with my agent in spring of 14 for an hour and a half. Sat in his office filled out paperwork listened to him make the call and left his office feeling I had workman's comp insurance for my company. My old policy had lapsed and had not been renewed for two years. I did not have workman's comp for the two years. I knew it was dangerous so I went to sit with him and make sure I got it set and in place. Months later(9/26) One of my employees got thrown off a horse and is now out. She has a fractured pelvis and herniated disk in her spine. When I was getting ready to bring her to the hospital I called him and he said he would call me back. He called and told me that he had left me a message however my policy had not gone through. I do not believe he ever called me. The bills are now over $15,000 and I do not feel it is fair to be paying these out of pocket. I spoke to someone who said as an agent he acted with negligence by not making sure I had the policy.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It's unusual to have a Connecticut business where the employees' duties include riding a horse.   You may have a claim for negligence and/or fraud if your agent negligently failed to get the coverage which you had engaged him/her to obtain, and/or lied to you about getting it or failed to inform you that the policy had not gone through.
Answered on Nov 11th, 2014 at 12:34 PM

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