Do I have to pay back money that my insurance company deposited into my account and then informed me that they accidentally overpaid?

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Do I have to pay back money that my insurance company deposited into my account and then informed me that they accidentally overpaid?

This was for damage to my roof.

Asked on December 27, 2016 under Business Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Anytime that someone is overpaid (e.g. by an insurer, employer, etc.), the money must would be returned. An accidental overpayment is just that, an accident. If you had been mistakenly underpaid, then you'll be entitled to that money. The fact is that to allow you to keep this money would constitute an "unjust enrichment", something that is disfavored by the law. Accordingly, if it comes down to it, a court will enforce this insurer's rights to receive its money back 


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