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re: Flood insurnce lapse due to dementia

Posted on 5/19/17 at 8:00 am to
Posted by anewguy
BR
Member since Mar 2017
1239 posts
Posted on 5/19/17 at 8:00 am to
quote:

The agent is not responsible for trying to contact insured or insureds relatives to avoid cancellation due to non pay. The agent most likely has numerous clients and while it would be in his best interest to reach out when NOC are sent out, he is no way responsible.


This becomes a huge E&O exposure. If an agent calls one person because of a late bill,cancellation, then he/she has to call every client every time this happens.

Also I am an insurance producer. Why not just pick up the phone, call your agent, or call FEMA directly. It is like any other company- they all want your money.
Posted by 12Pence
Member since Jan 2013
6344 posts
Posted on 5/19/17 at 8:00 am to
quote:


several family members spoke to the doctor--a person is considered competent until a doctor says otherwise


Second opinion? Doctors, believe it or not, screw things up all the time. Is the doctor the relative's primary care doctor? How long has the relative been seeing this doctor?
Posted by Slickback
Deer Stand
Member since Mar 2008
28167 posts
Posted on 5/19/17 at 8:01 am to
Depending on the servicer, the agent is usually notified the same way as the insured. A renewal notice in the mail (billed and mailed 45 days prior) and a notice a few days before renewal. Then an expiration notice. The agent should be calling at the time of the second and third notice but it's not their responsibility to do so. You won't have any recourse but you should move to a new agent if you're displeased with his service or lack thereof
Posted by brbengalgal
Member since Aug 2010
3911 posts
Posted on 5/19/17 at 8:02 am to
It was a neurologist that they had been seeing for a while, also the relative would be defiant that they were fine
This post was edited on 5/19/17 at 8:04 am
Posted by Tiger Prawn
Member since Dec 2016
26332 posts
Posted on 5/19/17 at 8:36 am to
quote:

So how are agents involved with FEMA flood programs?

You still go through an insurance agent to purchase flood insurance, just as you would for homeowners.

quote:

It is part of their homeowner's billing or separate?

Flood is a completely separate policy from homeowners, so its billed separately also.

quote:

Are they notified as well of lapses or cancellations?

Depends on the insurance carrier. I'm independent, so I write for about 10 different companies that participate in the FEMA-run NFIP. Some carriers mail our office duplicate copies of everything they mail to the insured. Some have reports we can log in and run to track upcoming renewals.

Personally, I don't go around calling people to remind them when a payment is due. They should be responsible enough to check their mail IMO.

When an agent has hundreds and hundreds of policies, its damn near impossible for an agent to try to keep up with reminding insured's to pay the bill they got in the mail....especially since many homeowners and car insurance policies get paid on installment plans and could have a bill every month to keep up with.

I know your relative's situation is a little unusual because of the dementia, but you can't expect the agent to remember that. They may be have 500+ accounts that they service. While I try to remember unique situations for each policyholder as best as I can, its impossible to remember for everyone, especially if we hadn't talked in a while.

ETA: As another poster mentioned, if an agent starts calling insureds to remind them to pay their bill, then it becomes a possible E&O exposure for us because then they expect the agent to always call to remind them. So if the policy cancels for non-pay and the agent had forgotten to call for whatever reason, then the insured wants to hold the agent responsible if something happens to their house after the policy had cancelled.
This post was edited on 5/19/17 at 8:41 am
Posted by CaptainsWafer
TD Platinum Member
Member since Feb 2006
59450 posts
Posted on 5/19/17 at 8:53 am to
So you're indirectly accusing the agent of letting the policy lapse in order to collect the higher premium once the grandfatherd in flood zone is removed?

Posted by Honky Lips
Member since Dec 2015
2828 posts
Posted on 5/19/17 at 8:54 am to
quote:

Flood insurnce lapse due to dementia


Congrats on the most random thread in OT history
Posted by D844
New Orleans
Member since Oct 2007
1449 posts
Posted on 5/19/17 at 9:02 am to
Prob shouldn't own a house if have dementia
Posted by Belaire Buck
Not in Bama
Member since Nov 2011
107 posts
Posted on 5/19/17 at 9:14 am to
quote:

This becomes a huge E&O exposure. If an agent calls one person because of a late bill,cancellation, then he/she has to call every client every time this happens. Also I am an insurance producer. Why not just pick up the phone, call your agent, or call FEMA directly. It is like any other company- they all want your money.



So much of this!!! Why do people expect their insurance company to call them when they don't pay their bills. If you don't pay your electricity bill after the cancellation notice is sent they cut your lights out. Same with insurance but I'll be damned if we don't have a weekly conversation (often with the same people) about why we didn't call before their policies lapsed. As a side note we try to call everyone at least once but we can't always get in touch with them because their numbers are never whats on file.
Posted by brbengalgal
Member since Aug 2010
3911 posts
Posted on 5/19/17 at 9:28 am to
The agent was aware and has a relationship with the relative, was also administering dementia meds to said relative. Was also given access to checking account at one point.

I'm not accusing, just gathering info to see what if anything can be done
This post was edited on 5/19/17 at 9:30 am
Posted by Dotherightthing
Member since Mar 2017
366 posts
Posted on 5/19/17 at 9:54 am to
My flood had a 29 day grace period from original expiration date. But I also received numerous mail notifications about it expiring.

Also I'm not required to have flood but elect to so it is my responsibility to pay yearly. If it's required then usually it would come out of escrow
Posted by Tiger Prawn
Member since Dec 2016
26332 posts
Posted on 5/19/17 at 10:21 am to
quote:

The agent was aware and has a relationship with the relative, was also administering dementia meds to said relative. Was also given access to checking account at one point


There's more to your story then besides just wondering why your relative's insurance agent didn't call to tell him a policy lapsed for non-payment.

What kind of relationship did the agent have with them in order to be administering medication and have checking account access? I've seen some unusual situations as an insurance agent, but none of them involved giving clients medication or having access to their checking accounts (beyond a client giving me a check or account info in regards to processing a premium payment).
Posted by MLCLyons
Member since Nov 2012
4793 posts
Posted on 5/19/17 at 10:31 am to
quote:

Is there a grace period?


all insurance is required to have at least a 30 day grace period before it lapses.

It's not totally clear on the agent's end. If they were aware of the condition, there should have been a 3rd party on the appointment to ensure that the agent doesn't take advantage of the client, and that the client can accept the policy. Nothing can be sold to someone who isn't mentally competent without certain conditions.
Posted by anewguy
BR
Member since Mar 2017
1239 posts
Posted on 5/19/17 at 10:35 am to
quote:

The agent was aware and has a relationship with the relative, was also administering dementia meds to said relative. Was also given access to checking account at one point


quote:

There's more to your story then besides just wondering why your relative's insurance agent didn't call to tell him a policy lapsed for non-payment.
Posted by Chad504boy
4 posts
Member since Feb 2005
179906 posts
Posted on 5/19/17 at 10:40 am to
there is no direct duties or obligations an insurance agent has to an insured in reminding them or paying an insured's flood bills. All renewal notices and bills and cancellations are sent directly from FLood Writer to insured. Now, what role agent had/relative had in "destroying" mail of the dementia person who still retained legal ability to do his own shite is a separate matter.

get the policy rewritten, move on...
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