Can a insurance company renew your car insurance policy knowing of aDUI offense and then cancel it

UPDATED: Jan 12, 2012

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Can a insurance company renew your car insurance policy knowing of aDUI offense and then cancel it

I did not receive a new insurance policy last month, so I had called them to see what was going on. Since my wife has a DUI they wanted to raise my rates which was understandable. Well since they had what they called “dropped the ball” on it, they didn’t raise my rates and renewed my policy at the last rate for 6 months until the new policy renews. A couple weeks later I get a cancellation notice because of my wife’s DUI. Can they legally do this?

Asked on January 12, 2012 under Insurance Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Whether or not your insurance carrier can contractually cancel a policy of insurance that is in effect and paid to date due to knowledge of your wife's driving under the influence of alcohol or a controlled substance conviction depends upon what the insurance policy states.

As such, you need to carefully read the written insurance policy that you are writing about in that its terms and conditions control the obligations owed to you by the carrier and vice versa in the absence of conflicting state law. If there is no provision in the policy for cancellation mid-term for the criminal conviction involving your wife, then the carrier must wait until the expiration of the policy term to not renew your insurance policy.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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