How do I subpoena my insurer for the call recording when I changed my policy?
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How do I subpoena my insurer for the call recording when I changed my policy?
I moved to another state, so transferred policy to my new state. I did this on the phone 10 days ago. I kept coverage the same and know that several times I clarified the coverage I selected, primarily $2500 collision and $1000 comprehensive. I was in an accident involving a deer yesterday. When I called to make a claim, I was told that my comprehensive was $2500 and that they would need to
review the recording
Asked on March 10, 2017 under Insurance Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) You have to have a lawsuit in which the recording would be relevant to subpoena it: i.e. you'd have to sue the insurer for "breach of contract" (not paying out per the coverage you selected), which unfortunately means you'd need to sue first, before you have access to the recording. Subpoenas are only obtainable by a private citizen in litigation.
2) If you are right, you could force them to pay the extra $1,500 (the difference beween the coverage you believe you purchased and the coverage they assert you have).
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) You have to have a lawsuit in which the recording would be relevant to subpoena it: i.e. you'd have to sue the insurer for "breach of contract" (not paying out per the coverage you selected), which unfortunately means you'd need to sue first, before you have access to the recording. Subpoenas are only obtainable by a private citizen in litigation.
2) If you are right, you could force them to pay the extra $1,500 (the difference beween the coverage you believe you purchased and the coverage they assert you have).
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