Claim denied, Agent wrote our policy wrong, canceled with out notice

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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: Aug 9, 2010

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Insurance Question from Castle Rock, CO

Asked on 08/09/2010

Claim denied, Agent wrote our policy wrong, canceled with out notice In march we got auto ins. with American family, the agent wrote our policy wrong, he is no longer with the company, agent who took his place caught the mistake, canceled our policy on that auto.( we had 2 autos on the policy) we did not get notification, although they said they sent notices and called, we had no idea. my husband was involved in an accident in this car, what do we do now? Our history of being insured over the last 15 (at least ) years proves we do not let our policies lapse... HELP!Shanon W.Castle Rock, Colorado

Answer given on August 20, 2010

While the details of what was wrong with the policy as originally written are not available, it appears the new agent may have acted too quickly in cancelling your insurance.  They should have contacted you and advised there was a problem and given you the opportunity to fix the problem.

Notices sent by an insurance company are usually sent via regular mail.  Some companies do send certified letters and regular mail letters.  I presume the agent has documented when they called and if they were able to leave a message.  You should ask the agent for this documentation.  They should also have a copy of the cancellation notice that was sent, with a date.  If the notice was sent by the insurance company, ask your agent for a copy.

While states are different in cancellation requirements, you should contact the Dept of Insurance to see if the agent had the authority to cancel your policy for the problem that was found.   It’s possible the Dept can assist you in the instance.

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