Insurance Cancelation
Enumclaw, WA
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Posted about 1 year ago in Insurance
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The Insurance Company called me and told me that my insurance was canceled due to nonpayment. When I asked why, they said that they had received the wrong account information from a deposit slip they had asked me for to start my insurance policy. Two months earlier, when I went to the his office to start my policy, the agent told me that I needed to get the deposit slip to them so they could start direct withdrawal payments from my account. He told me that I needed to get my deposit slip to him asap because he couldn't start my policy without without the first payment. I gave it to him within the hour. It was about two months later when they called. They told me that I owed them for an activation fee, two months of insurance, cancellation fees and another fee to start the policy back up if I wanted. The total cost was more then half of the cost of the entire policy. Now I am getting letters from debt collectors, even though I thought I had cleared this up with the insurance company months ago. It was my understanding, from what the agent told me, that the policy never went into effect anyway because he never was able to receive the first payment. I was wondering if I do owe them or not?
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Answers (1)Dennis Patrick Dore
This attorney is licensed in Florida.
Posted about 1 year ago.
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Although you did not specify the type of policy (e.g., motor vehicle or homeowner's), the agent had the apparent authority to bind coverage on behalf of the insurer. From your desciption it would appear that your initial payment did not go through, and coverage was never bound. If that was the case, there wouldn't be a cancellation fee because there wasn't a cancellation. However, if coverage was bound by the agent, there would be a requirement for written notice of cancellation in advance of same (the number of days depending on your state's laws). If neither of the above took place, the insurer and/or insurer improperly effectuated the policy, and you should not be liable or accountable for their mistake.
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