May an insurer withhold the recorded phone call that serves as the policy contract?

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May an insurer withhold the recorded phone call that serves as the policy contract?

My auto insurance company refuses to allow me to listen to the recorded

phone call where the terms of my insurance were discussed and agreed

upon. They denied a claim regarding roadside service and they claim I

refused roadside assistance coverage but refuse to allow me to listen to the

recorded phone call. They want me to trust their word and refuse to allow me to hear the recording for myself when I contend that I agreed to have the

coverage, not refuse.

Asked on October 25, 2018 under Insurance Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First, even if you discussed the terms over the phone, you should have received a written policy from them: that policy would be your contract and its terms control your coverage. You look to your written policy for the terms of your insurance. If you never received a written policy, then you may well not be insured, but may also have a fraud lawsuit against this insurer if they claimed to be issuing insurance and took your money but never provided a policy.
In terms of other communications with the insurer, such as one showing whether or not refused roadside assistance, the only way to force them to give you a copy of that recording would be in litigation--that is, during a lawsuit. In a lawsuit, there are legal mechanisms or processes, called "discovery," such as document (which includes recordings) production requests that will compel them to provide the recording. But discovery is only available in litigation, so until/unless there is a lawsuit, you cannot force them to give you the recording.


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