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HELP--what is the purpose of this board

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I se that lawyers do respond. I am desperate for any information that any one can sypply? I want desperately to help my daughter------------


Senior Member
I have read your posts and the replies you have received. Generally the question that get the best responses on this board are the ones that are simple to answer. You have a very complicated case that is beyond just a simple answer. It is rare to see a post from Mississippi on this board and your states laws do not appear to be available for viewing on the web, making looking into your problem even more difficult. As someone posted at your other message 3 days ago, you need to see an aggressive local attorney for answers to your questions. I was able to check into the minimum insurance requirements of your state though and it appears the carrier was properly insured for the towing rig itself. That was the $50,000 policy you stated previously. My source does not show any additional insurance requirements for those in the business of towing mobile homes.


reply to racer72

thank you for your reply. However I think that you are mistaken concerning the insurance requirements for the rig. In the state of Mississippi, 750.000 single combined coverage is required in order to transport mobile homes for hire, and that is what he was doing with his rig, and it is stated on his insurance application. 50.000\100.000=50.000
is required on the rig were he to use it for anything elze, so he was not properly insured according to the statues of our state,
thank you
I didn't respond to this because I thought Runningonempty pretty much got it right. Racer72, you're right too, this is a complicated issue.

I will preface my remarks by saying that I am not a lawyer, but I did work for many years as an adjuster and litigation manager for an insurance company. I currently work as an insurance industry regulator.


1.) You cannot sue the insurance company, but, you can sue their insured.

2.) Have your attorney put the retail agent's E&O carrier on notice.

3.) Call your insurance commissioner's office and get the proper insurance requirements for the adverse driver's rig.

4.) During the same call file a complaint against the retail agent.

5.) Talk to your attorney and get on the same page. If you don't like his answers, consider looking for a new one.

Good luck to your daughter.


Dear Juan
thank you for your reply. We have gotten the requirements for our state of Miss 750.000 liability is required under statutory requirements of the public service commissioners office which mandates what the United states Dept of trans=
portation says. We are in the process of preparing a complaint against the insurance company, and the agent,the company knew what the man was using the rig for and wrote him a 50.000 policy anyway. somehow someone did not catch it at the home office. I went in to this particular agents office and told him that I wanted to get a quote for the purpose of for hire mobile home transporting. He gave me a quote from the insurance company that iis involved. He stated unequivically that he could not write me a policy for less than what the state requires 750.000. I got the quote printout along with his card. why do you sya that we can not sue the insurance company? THEY allowed the policy to go through. thank you for your time

This goes beyond "Insurance 101".

You cannot sue the insurance carrier because you are not their insured and they personaly have no liability.

The retail agent wrote the policy and accepted the premium. Each carrier has underwriting guidelines and they send them (on a disk) to all the retail agents appointed to write for them. The agent has the responsability to place the proper information on the application and rate the policy and then submit it to the carrier. The underwriter at the carrier reviews the paperwork and checks the rates submitted by the agent. The underwriter can only rate based on information provided by the agent.

In simple English: If the wrong policy is written by the retail agent and he/she forwards the wrong information to the carrier then the wrong policy is issued. This is why, based on the information you have provided, I said you cannot sue the carrier.

Your action is against the adverse driver and the retail agent. One warning: if the E&O carrier determins that the agent and the rig operater falsified the application they can deny coverage. Why? Because it would not be an error or ommission (a mistake on the agents part). It may not be in your daughter's best interest to push the accusations to hard.

Talk to your attorney.

Good luck to your daughter.


Dear Juan THANKS AGAIN FOR YOUR RESPOSNE. just a question or 2 for you
You say that the agent is provided a disk upon the information is obtained as to what the insurance company guidelinesare?tHE APPLICATION was not falsified. It had on their that he was a mobile home transporter. How do you suppose that it slipped by underwrititing?I understand that the insurance companys responisibility is to their insured,
but if they allowed that policy to be issued, and an innocent person alomost loses their life, and sustains permanent injuries, do they not hold some type of duty to them?How much are agents covered for in their errors and ommission policies.There are only 2 states that I am aware of that a duty of care was uphelpd to a third party. Our state does not have any cases that address this issue with respect to upholding a duty of care to a third party, nad or dissallowing such a claim.If this went in to court, would it not be for a jury to decide. Who protects us? This man was moving mobile homes without proper coverage.Who is to bLAME.this has ruined a beautiful girls life==nursered
Based on what you wrote previously the agent rated the based on 50K coverage rather than 750K. For this to slip by the underwriter the information had to be incorrect. The carrier is in the business to make money and the premium on the higher coverage is greater. If the application had been filled out correctly someone in the underwriting department would have caught the mistake and issued an additional premium.

File a compalaint against the the carrier with your states insurance commissioner (DOI). They will HAVE to respond and explain the process to include sending copies of what they received from the agent. In the complaint you need to request that they extend coverage to the 750K. This may get you to where you want to go. I would also ask that the DOI contact the agent and the premium finance company if any.

Find out from your attorney if you have a cause of action against the carrier. Based on what you have provided, I don't see one. Without physicaly see the paperwork no one who contributes to this post can give a definitive answer on a matter like one. This is why it's key to have your DOI look into the matter.

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