Byron
St. Louis,#2Consumer Suggestion
Fri, July 30, 2004
I agree with Mark (if your story is accurate re. what the agent said and what U disclosed about your existing heart condition on the application) Assuming that, I'd check with an attorney, to see what action U can bring against this agent's E&O coverage(professional liabilty) or sue the agent personally. Fortis is not at fault if they excluded the coverage (assuming U disclosed it on the application).. Fortis would have either placed an exclusion rider on the policy or totally declined coverage (more likely in this case) given all the facts. If the agent failed to note a "yes" answer in the heart question after U told him... he commmitted fraud and can lose his license and he's potentially liable, not Fortis, because they didn't know about your heart condition. If they did, and added a rider excluding "heart issues", and U still accepted the policy.... shame on U !!... however, U still may have some potential action against the agent. Good Luck!
Byron
St. Louis,#3Consumer Suggestion
Fri, July 30, 2004
I agree with Mark (if your story is accurate re. what the agent said and what U disclosed about your existing heart condition on the application) Assuming that, I'd check with an attorney, to see what action U can bring against this agent's E&O coverage(professional liabilty) or sue the agent personally. Fortis is not at fault if they excluded the coverage (assuming U disclosed it on the application).. Fortis would have either placed an exclusion rider on the policy or totally declined coverage (more likely in this case) given all the facts. If the agent failed to note a "yes" answer in the heart question after U told him... he commmitted fraud and can lose his license and he's potentially liable, not Fortis, because they didn't know about your heart condition. If they did, and added a rider excluding "heart issues", and U still accepted the policy.... shame on U !!... however, U still may have some potential action against the agent. Good Luck!
Byron
St. Louis,#4Consumer Suggestion
Fri, July 30, 2004
I agree with Mark (if your story is accurate re. what the agent said and what U disclosed about your existing heart condition on the application) Assuming that, I'd check with an attorney, to see what action U can bring against this agent's E&O coverage(professional liabilty) or sue the agent personally. Fortis is not at fault if they excluded the coverage (assuming U disclosed it on the application).. Fortis would have either placed an exclusion rider on the policy or totally declined coverage (more likely in this case) given all the facts. If the agent failed to note a "yes" answer in the heart question after U told him... he commmitted fraud and can lose his license and he's potentially liable, not Fortis, because they didn't know about your heart condition. If they did, and added a rider excluding "heart issues", and U still accepted the policy.... shame on U !!... however, U still may have some potential action against the agent. Good Luck!
Mark
San Antonio,#5Consumer Suggestion
Sat, July 10, 2004
2 parties to a contract the company the insured the agent brings you two together. It apprears based upon your story (we haven't heard the agents story) the agent mislead you. IF this truely is the case he should be dealt with. HOWEVER you blatently ignored what was written. THE fault is clearly mostly yours as you read the pre-exisiting clause. In addition, I am sure health questions were on the application reguarding heart conditons. HOW did you answer those??? I am sure if you disclosed in the underwriting process your heart condtion (as your are required to do and signed your name to) the policy would never have been issued. So how can the company be responsible to honor contract provisions if the contract was entered into under false pretenses? Note, this is just an opinion and normally there are more to situations "than meets the eye".