How can I get my money back from a policy that was never sent to me?

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How can I get my money back from a policy that was never sent to me?

I have a policy with Continental American Insurance Company and I want
my money back because they never sent me a policy. I requested it
twice and they still didn’t sent me one. Also, they sent me a letter
saying that they over charged me and would mail a refund check, which
they never did. I got the policy in March of 2017 and here it is
December of 2017 and I still have not received a policy, I requested
it in June and July of 2017. I feel like I’m being scammed and they
take the money out of my pay roll check.

Asked on December 7, 2017 under Insurance Law, District of Columbia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You would sue the insurer--that's how you get your money back in cases like this. You would sue based on several alternative legal grounds (you are allowed to name different theories in the lawsuit when you don't, in advance, know exactly which one applies):
1) Fraud--lying about what they could or would do.
2) Breach of contract: violating the terms of the agreement.
3) Conversion (a type of theft): keeping money entrusted to them (premiums payments) when it is to be applied to something for your benefit.
4) Theft by deception: stealing from you  by tricking you.
In any event, they can't keep your money without giving you a policy, and if they have breached their obligations, even if they wanted to now sendyou the policy, you'd have the right to terminate and get your money back--but you have to sue to do so.


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