A Clear Sign You Need A New Insurance Agent

I'm representing some business tenants in a dispute with their Landlord.

Long story short, we sued Landlord for doing stuff to the premises making the tenants unable to get the permits from the city to operate their business and thus breaking the lease.  Landlord then sued my clients for not paying rent after they said unless he brought the building into compliance they were outta there, he would not so they left.

Landlord has insurance covering his defense of our suit.  My clients, that's an interesting story.

We got Landlord's complaint in March this year.  I told the clients they needed to put their insurance carrier on notice so they contacted their agent.

Their agent contacted me and noted tenants had cancelled their policy when they moved out in December of last year so she wanted me to send her copies of the complaint and summonses so she can send them to the insurance company.  I do so and hear nothing back.

Time moves on, stuff happens and I'm still waiting to hear from the insurance co as to whether they are assigning counsel for defense or what.  Client tlels me he talked to the insurance agent and she said everything is underway and the insurance co will be covering it.  Great but would be nice to have them do so a little faster.

Yesterday I reach my client re a settlement offer after long delays in geting through to him and express if insurance doesn't get off the ball soon we need to answer the Landlord's complaint or settle.

So he calls the insurance agent who claims I said I would handle it.

Blink.

I get on the phone with the client and insurance agent and express my bewilderment that the last thing she had asked for was the copy of the complaint and summonses, and I had heard nothing back since.

She then says "I don't file claims."

Blink.

I say "You're the insurance agent aren't you supposed to file claims when a customer tells you about a claim?"

She then says she doesn't file liability claims.  

Say what?

I note every other agent I know sure as heck does, after all that's their job.

I express that her story that I was to file the claim makes no sense considering that one, I'm not an insurance agent and two, the last exchange we had was my sending her the complaint and summons so what exactly was she going to do with it then?

According to her she just asked me for it to see it, not to do anything with it.

AYFKM?  Anyone buy that line?

She sat on this for three months while telling her customers it was handled.   This likely screwed any chance of getting insurance coverage for the claim due to that delay.

So she sends me a link to the insurance company system and I end up entering the claim last night, which is insane, but she refused to do it so somebody had to.

So, do be sure to ask your insurance agent what the process is for handling a claim before you sign up with them.  If they tell you they don't file claims or put insurance companies on notice on your behalf, get another agent, fast.