What recourse, if any?

[MiddleMonkey]

What is the name of your state? Colorado

A customer recently fell & injured herself in our shop; per our insurance agent (whom we have used for 28 years), we had all insurances covered and up to date; we offered to cover any/all medical expenses. Two days ago, our agent met with us, looked us in the eye and told us that he outright lied about our coverage; he was trying to find us a "better deal" so never cashed the checks for services that we sent. Now we are being sued by the customer; would we be able to file a claim against our insurer? We have the dated checks that he never cashed; does it fall in with the "mailbox rule" in regard to contract acceptance? What is our best recourse?
Thank you.

 

[claimlaw]

This should be easy.

First explain to the "agent" that he needs to bind the coverage retroactively and take his lumps with the insurer or admit his failure in writing in order to expose his E&O coverage to you.

Either will be alot cheaper and easier than having you sue him and soil his name in the insurance community and beyond - if that matters.

I guess at this point I won't need to provide you with a list of the things you failed in this test?

Claimlaw