We called our agent last summer to add my daughter as she just got her license but did not know that she did not get added until my daughter was invilved in an accident 2 weeks ago but we assumed she was added and now they wont pay for the car which is totaled we live in ky which is a no fault state do we have a case or not
Potentially yes.
Your agent has a fiduciary obligation to make policy changes as requested by you. If the agent failed to do so, then he can be sued for what is -- in effect -- a type of malpractice.
However, your policy may contain language requiring changes to be in writing. Also, if you received policy renewal paperwork between the phone call and the accident, then you had the obligation to review that paperwork to ensure that the coverage you were paying for was the coverage you intended.
Your complaint appears to be with your agent for errors and omissions and perhaps not the insurance company.
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