What to do if my insurance company cancelled me after 30 years with them due to non-payment from 2 years ago?

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What to do if my insurance company cancelled me after 30 years with them due to non-payment from 2 years ago?

I however do have proof it was paid and they kept renewing me for the 2 years. The agent left 7 months ago due to theft issues. Can I sue them?

Asked on December 14, 2012 under Insurance Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In the first place, unless you had a claim which was denied because you supposedly did not pay (or otherwise suffered some actual loss), you would most likely have no grounds to sue in any event, since you must have suffered some actual loss to have a cause of action; if there was no loss, cost, harm, etc. to you, you have no basis to sue.

Secondly, even if you had a claim which was denied due to alleged nonpayment, you'd have to prove that you paid the company and the *company* received the money to have a cause of action against the insurer. If you paid the agent, and the agent was an independent contractor, not an employee, and he or she stole the money rather than passing it on, you could potentially sue the agent; however, it is unlikely the insurer would be liable for the criminal actions of an independent contractor.


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