Does an insurer have the right to drop my insurance claiming that its employee did not call DMV and check my driving records before giving me a policy?

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Does an insurer have the right to drop my insurance claiming that its employee did not call DMV and check my driving records before giving me a policy?

Asked on May 20, 2015 under Insurance Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Then can only do this if there is something in the policy itself stating something like, "subject to verification of driving records" or if you lied to them--either affirmatively or by omission (e.g. by not stating something which, by failure to state it, rendered your application incomplete, inaccurate, or fraudulent. Otherwise, the policy is a contrac, and if they failed to do their homework (without reserving the right to do so later), they have to live with it. Again, though, if you lied, that fraudulent act would let them drop the policy.


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