What to do about an insurance check that was mistakenly issued in my name?

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What to do about an insurance check that was mistakenly issued in my name?

My ex-husband made home insurance claim in my name so the check came to me in my name. I am trying to get check reissued but he is threatening to take me to court? The statements are all in my name as well as the check (for some reason his name is not on anything). I am trying to get information switched. I don’t want to sign a claim check when I have no idea about the damage or anything; it could come back on me. He says I am withholding the check from him and he will see me in court. Does he have a case really when I am just trying o get the stuff out of my name?

Asked on July 19, 2011 under Insurance Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best thing for you to do to protect yourself in this situation where a check was mistakenly issued to you is to write its maker stating that the check should be made out in the name of someone else and state the name, the reasons why the check is to be re-issued in another's name, mail the letter and check back to its maker certified mail, return receipt requested keeping a copy of the letter and keeping a copy of the certified receipt when it is signed for by the recipient upon receipt of the letter.

By doing the above, your former husband in good conscience cannot claim you are keeping the check from him. You do not want to sign it and pay the check over to him for fear that he may have submitted a false claim where signing the check over could very well be viewed by others as conduct by you as part of any wrong doing.

Mail the check back to the makerwith the reasons why a new check needs to be issued in the name of the ex-husband.

Good luck.


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