Can a wind insurance policy be backdated in Texas?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Dec 21, 2011

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Insurance Question from Pearland, TX

Asked on 12/21/2011

Can a wind insurance policy be backdated in Texas? Here's the deal, I own home with same mortgage & insurance co. (doesn't include wind and hail) in TX. My mortgage company, BOA, decided this year I am "required" to have wind insurance. I began search for wind insurance, purchased a policy 11/15/11. Unbeknown to me, BOA purchased a "Forced" policy 11/4/11 but backdated to 8/29/11. After discovery of their policy purchase, I proved I have insurance, they "cancelled the forced policy" and "refunded money charged to my escrow" only from 11/15/11 and beyond. They say I am still responsible for policy 8/29/11 - 11/15/11? Geico and USAA say No

Answer given on December 22, 2011

When did they notify you that they “required” wind insurance? As of what date?.  Do you have a letter from them advising you that you must carrier wind insurance by a certain date?  That date will be the starting point of any refund.  If you purchased a policy on 11/15/11 but they stated in a letter to you that you were required to carrier as of 8/29/11, then they would not owe a refund.  If however, you obtain insurance by their required date, then I would push for a refund.  Ask why are they starting coverage at 8/29/11?  Where are they getting that coverage start date?  I think this will be the key to getting your refund.  

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