My malpractice insurance was terminated without my receiving a letter of impending cancellation, what are my rights?
Question Details:
Stopped active podiatry practice in MA 2/1/08. Purchased semi-retired policy. Renewal was 3/1/09. My wife was gravely ill from 2/14/09 - 4/30/09. No warning from company. Sent check in early May. It was endorsed and deposited. Made inquiry made in 01/10 and informed of drop of coverage on 4/13/09. Stated that their warning was returned due to old address of closed office. I know that there were current phone numbers and e-mail addresses in my file; no attempt was made to contact me. Is there any chance of reinstatement back to the date of termination?
Insurance Law Law Answers
Consult an attorney in your area who is experienced with insurance law. It does seem suspicious that the insurance company claims that your insurance policy was terminated in April. Yet, the check you sent them in May was accepted. What about after May and up to January 2010? Did you continue to send a check and hearing nothing from the insurance company? The excuse that they sent you notice but it was returned also sounds suspicious. As you point out, the insurance company could have tried to reach you at your phone number or email. I think you are going to have to sue the insurance company in order to get any reinstatement or your money returned that you paid after the "termination" of your insurance policy. Do not fight the insurance company without an attorney.
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