[lawgolfer]

REPLYING TO CP HUBBELL;

Please read my lengthy post above. The problem with suing an agent is twofold. First, he will have the insured sign a form either waiving UM/UIM coverage or acknowledging that he has chosen minimum limits for the UM/UIM coverage even though he has chosen liability coverage with higher limits. The second problem is that, legally, the agent is NOT an agent of the insured, but, rather, is an agent of the insurance company. Thus, in most states, unless the person purchasing insurance asks the agent for advice on UM/UIM coverage and is given advice upon which he acts, the agent has no liability. This is in contrast to an insurance broker who is acting on behalf of the person seeking insurance. Also, the law in some states is very harsh and the insured is bound by the "four corners" of the written policy and is obligated to read the policy. These are the reasons that I declined to sue the agent in the story about the rich man I relate above..