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Flood insurance policy puts Missouri agent in hot water

Clients sue agent for breach of contract and negligence after a basement floods and the insurer denies their claim.

By Barry Zalma, Esq., CFE | Updated on November 24, 2015
If an agent misrepresents the coverages available and the insured relies on that representation to the insured's detriment, the agent may be held liable for damages resulting from the misrepresentation. (Photo: Thinkstock)

The National Flood Insurance Program (NFIP) policy is a creature of federal statute and is limited to what it says to protect the federal treasury. In Pittman v. Farmers Fire Ins. Exchange, the insureds, by failing to comply with the policy conditions and by having a loss not covered by the policy, lost their suit against the insurer. That left them with nothing more than a suit against the agent, who they claimed promised coverage that did not exist in their NFIP policy, for misrepresenting the coverage available.

Case background

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