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  1. #1
    Join Date
    Apr 2020
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    2

    Default Insurance Agent Obtained Privy Information Underfalse Context

    My question involves malpractice in the state of: New York

    I recently changed insurers on my house insurance namely because the agent I deal with over at company 'A' has proved extremely hard to deal with. I don't like having my car, house and umbrella policy with company 'A' and as each policy expires, I indend to move over to company 'B' one-by-one. Last week, I began the process by moving the house insurance over to over to company 'B'. I naturally had to inform the agent at company 'A' about this. Typically, a cancellation notice from company 'B' (new insurer) to company 'A' (old insurer) would suffice and everyone can be on their way.

    However, the agent at company "A' naturally has to draw things out by adding all sorts of this and that's. You know, the stuff one does when one wants to show "Hey I'm making life difficult for you"!

    I live in the United States of America and in my country were are facing the Cordid-19 pandemic like many other countries. We have to adhere to confinement, social distancing and a lot of other practices. That said, I learned today at the very last minute from company 'A' the following:



    Received today 29 April 2020

    "I did receive the paperwork from company 'B' that you replaced your homeowners insurance with them they wrote the policy with XXXXXX Insurance, however they did not send a cancellation request signed by you to cancel the XXXXXX policy, however I will send you the correct form for signature which is a requirement by the carrier to cancel the policy.

    The date of the new policy is May 1, 2020, however your XXXXXX policy renews April 29, 2020.

    Upon receipt of the signed form I will cancel the XXXXXX policy effective May 1, 2020 will charge you for April 29- May 1 for coverage under the homeowners policy it will be two days of coverage.

    I will also send you the form to cancel the umbrella policy as per your request.

    Have a great day!"


    I called to company 'B' to see if they could help me with company 'A'. Company 'B' started by informing me that the form company'A' is asking for does not exist with them. I explained to the agent that I really want to get away from company 'A' because I find it extremely difficult to deal with the agent over at company 'A' and I view such last minute requests as just a way to be difficulty.

    The agent at company 'B' suggested we have a conference call with company 'A' and see if we can get things settled without delay. I was very much open to that opportunity. When the problematic agent at company 'A' answered the phone this person was immediately advised that the call was being recorded and then the conversation began.

    The agent of compny'B' made a few incorrect statements and I found myself reminding this person of what was actually the case by referring to the emails date and time that I sent. Finally, the agent at company 'B' in an effort to be even more difficult decides to make the following statement "I'm hanging the phone up now"!

    So my new agent at company 'B' continues the conversation with me and says to me not to worry about having to pay the extra two days because my policy will be back dated two days and then company 'B' can't charge me. All of a sudden the agent from company 'A' get's back online and starts to argue/question the agent from company 'B'. I told the agent at company 'A' this unprofessional behavior was trickery!

    My complaint:

    I feel that I was tricked into believing the agent from company 'A' disengaged from the telephone. As such, private details not privy to the agent from company 'A' were discussed between myself and the agent from company 'B' and I feel I was violated because agent 'A' intercepted private communications without my consent.

    I live in New York and I have learned the following:

    New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. N.Y.

    Would the actions of the agent from company 'A' be considered eavesdropping? Are insurance agents held to any state standards or code of ethics that bar them from such behavior?

    I would like to learn more about my rights in this situation if indeed I have any.

    Thank you!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,309

    Default Re: Insurance Agent Obtained Privy Information Underfalse Context

    You have lots of rights. Listing them all here would serve no purpose.

    As a practical matter you are over-reacting to nothing and making a mountain out of a molehill. Nobody's done anything wrong to you. But, hey, if you think a crime has been committed against you (it hasn't) you are free to report it to the police.

    Exactly what PRIVATE information do you think has been revealed about you that is so earth-shaking?

    By the way, there is a standard form used by many insurance companies and agents for cancelling insurance policies.

    https://acords.com/ACORD%20Forms/35.pdf

    You can fill it out right now, sign it, scan it, and email it to agent A.

    With your new policy effective today, no harm no foul.

  3. #3
    Join Date
    Jul 2018
    Posts
    2,730

    Default Re: Insurance Agent Obtained Privy Information Underfalse Context

    As explained at the other site where you posted this exact same question, there's no apparent legal issue here. At best, you're annoyed that the agent behaved in a manner that you view as unprofessional.

  4. #4
    Join Date
    Apr 2020
    Posts
    2

    Default Re: Insurance Agent Obtained Privy Information Underfalse Context

    @adjusterjack

    Hi

    You seem to be awesomely knowledgeable in the law. I tried to look up your bio on the forum but couldn't find it. Would you mind sharing it with me or the law firm for which you work? I certainly would like to learn more about you and your area of specialize.

    Thanks in advance!

  5. #5
    Join Date
    Mar 2013
    Posts
    18,309

    Default Re: Insurance Agent Obtained Privy Information Underfalse Context

    Quote Quoting John007
    View Post
    @adjusterjack

    Hi

    You seem to be awesomely knowledgeable in the law. I tried to look up your bio on the forum but couldn't find it. Would you mind sharing it with me or the law firm for which you work? I certainly would like to learn more about you and your area of specialize.

    Thanks in advance!
    Hi John007.

    My real name is J. Cheever Loophole. I'm a summa-cum-lately graduate of the Freedonia School of Law and Basket Weaving and I am a member of the law firm of Dewey, Cheatham, and Howe.

  6. #6
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Insurance Agent Obtained Privy Information Underfalse Context

    Quote Quoting John007
    View Post
    @adjusterjack

    Hi

    You seem to be awesomely knowledgeable in the law. I tried to look up your bio on the forum but couldn't find it. Would you mind sharing it with me or the law firm for which you work? I certainly would like to learn more about you and your area of specialize.
    Jack has a lot of knowledge gained from years on forums like this one, among other things, but he's not a lawyer (nor does he play one on TV ).

  7. #7
    Join Date
    Feb 2020
    Posts
    734

    Default Re: Insurance Agent Obtained Privy Information Underfalse Context

    Quote Quoting Taxing Matters
    View Post
    Jack has a lot of knowledge gained from years on forums like this one, among other things, but he's not a lawyer (nor does he play one on TV ).
    Then why is he so nasty with people? ...Along with his 2-3 sidekicks.

    Maybe he's been doing this too long and it's time to find a new hobby other than bashing on people?

    Just imagine being that miserable.

  8. #8
    Join Date
    Mar 2013
    Posts
    18,309

    Default Re: Insurance Agent Obtained Privy Information Underfalse Context

    Quote Quoting Taxing Matters
    View Post
    Jack has a lot of knowledge gained from years on forums like this one, among other things, but he's not a lawyer (nor does he play one on TV ).
    And I haven't stayed at a Holiday Inn since 1972.

    Quote Quoting Harold99
    View Post
    Then why is he so nasty with people? ...Along with his 2-3 sidekicks.

    Maybe he's been doing this too long and it's time to find a new hobby other than bashing on people?

    Just imagine being that miserable.
    Methinks the pot is calling the kettle black.

  9. #9
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Insurance Agent Obtained Privy Information Underfalse Context

    Quote Quoting adjusterjack
    View Post



    Methinks the pot is calling the kettle black.
    Don't be silly. Harold99 doesn't have 2-3 sidekicks. He's probably not had 2-3 people ever visit the basement of his mother's house where he lives.

  10. #10
    Join Date
    Feb 2020
    Posts
    734

    Default Re: Insurance Agent Obtained Privy Information Underfalse Context

    Quote Quoting adjusterjack
    View Post
    Methinks the pot is calling the kettle black.
    I have never taken aim at those who come here for advice like you and your handful of buddies do. Also, if someone asked how I know what I am posting here, which is a perfectly reasonable inquiry, I'd tell them.

    The internet has allowed some to treat others like trash...and you are at the front of that line.

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