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Can agent's phone notes be altered?

Posted by Vivian 
Can agent's phone notes be altered?
January 27, 2011 04:53PM
I just realized I might not have the right insurance company. Is Illinois Famers Insurance (now something like Midcontinent) the same as Famers Insurance? We just lost a lawsuit re: 2001 Corvette. My husband would call the agent in the fall and spring to take the car off of full coverage to comprehensive only and put the full coverage back on in the spring. The agent was called in the spring and neglected to restore the full coverage. When my husband and the car were in an accident on 6-8-09, he was informed by the agent that it wasn't covered. During the trial she claimed under oath that he called to tell her the dealership's carwash had scratched his car, but he wasn't making a claim (the dealership was buffing the scratches out and our deductible was $750). She also said he made no mention of the corvette and that her notes could not be altered. There is no way he would call to tell her he's not making a claim. That was just the conversation after he told her to put full coverage back on. There is also no way he would have driven for 2 1/2 month without believing he had full coverage. After depositions and mediation where the insurance company refused to make any settlement, we went to trial. The agent testified under oath that her personal phone notes could not be altered. That has to be a lie! I've never see a program or database where you couldn't add to or alter your notes. I will need to get a copy of the transcript to see what program she said she was using. The jury obviously believed her and not my husband, even though they had a history of 6 years pattern where he would call, he always kept full coverage on vehicles he was driving, always paid bills on time, etc. We are out $32,000+ (including damage to the guardrails/stantions, attorney's expenses. I felt sorry for the attorney working on contingency, he put many, many, many hours in for nothing. I guess the jury thought he had plenty of time to notice that she hadn't done her job. I understand he should have been studying their 36 page policy documents received 8-10 times a year to make sure she had done her job, but they think the agent/ins. co had zero negligence??? I can't understand their reasoning. I guess they believed her lies over my husband. Still I wonder if their car had been hit while his car was spinning out of control, and they had been injured, if they still would have thought the insurance company had zero responsibility? Don't trust your agents people!

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