Woman sues for refund after agent fails to buy windstorm insurance

Kelly Holleran Dec. 17, 2008, 3:59am

A Jefferson County woman has filed suit against her insurance agent, alleging the agent failed to return proceeds of a premium check the woman delivered to the agent.

Deborah Johnson sent Rebecca Jane Flickinger a check for $1,239 to pay a premium for windstorm insurance on her insured property, the complaint filed Dec. 10 states.

Flickinger cashed the check, but did not procure windstorm insurance, the suit states.

"Defendant has filed and refused to return the proceeds of the premium check or to account for their use," the suit states.

Johnson contends she is entitled to recover the proceeds of the premium check.

Because Flickinger did not procure the windstorm insurance, Johnson lost the amount of the proceeds check and out-of-pocket money, according to the complaint.

Flickinger owed Johnson a duty to disclose any misrepresentation or concealment of material facts she knew, a duty of fair and honest dealing, a duty of loyalty and utmost good faith, a duty of candor, a duty of full disclosure and a duty to act with integrity of the strictest kind, but she breached her duty, the suit states.

Johnson is seeking actual, economic, consequential and exemplary damages, pre- and post-judgment interest, attorney fees, costs and other relief the court deems just.

Tom N. Kiehnhoff of Reaud, Morgan and Quinn in Beaumont will be representing her.

The case has been assigned to Judge Donald Floyd of the 172nd District Court.

Case No. E182-834

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