Can I sue my insurance company for termination of coverage due to non-payment, if I have proof I’ve paid?

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Can I sue my insurance company for termination of coverage due to non-payment, if I have proof I’ve paid?

Asked on December 18, 2012 under Insurance Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you suffered a loss and put in a claim which they refused to pay due to alleged non-payment and you can prove payment, you may well be able to force them to pay. However, if there is no claim or loss, then the most you can likely do is either 1) sue for a court declaration (declaratory judgment) and order (injunction) that the policy is still in force, forcing the insurer to reinstate you; or 2) accept the cancellation but get back the payments they did not properly credit (since they can't take your money without providing coverage). Remember: the amount of monetary compensation you can seek in a lawsuit is equivalent to the actual loss, cost, or injury you suffered, and no more--you can't get more compensation than you suffered in damages.


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