If I am time-barred from filing a claim for bad faith, can I still file claim for misrepresentation against my agent? He told me twice after I reported the loss that I was insured. Then the company said I lied to get the policy. It's a mixed-use property where I do some business and personal things. I did not understand the difference, just thought I had insurance when I was burglarized. Sign for business is right out front of property and agent saw it when policy was written. This State Farm. Are they known to do this sort of thing? They've accused me of fraud when their agent told me I was covered and I wasn't .
Employment / Labor Attorney
There are several issues here. First, the policy may have a one year limitations clause. The one year will likely run from the decision denying coverage. Was the insurance agent a State Farm captive agent, or an independent agent. If the agent knew what kind of coverage you needed, because he was familiar with the property, you may be able to prove he was negligent in securing the wrong coverage. If the agent was State Farm's agent, you may able to bind State Farm to the coverage. if the agent was an independent agent, you may have a claim against that person for securing the wrong coverage. You should seek out an insurance attorney in the area to discuss your options more fully.
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