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!
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.