Legal Question in Insurance Law in North Carolina

I want re-imbursement

I requested in 2001 that my ex's car be removed from MY policy I was told it couldn't be unless I turned in the tags Tags were also ex's. I demanded same yr after yr. Friends told me to seek attorney instead I have tried to handle on own. Finally insur. co told me if I could prove the car was not mine they would date premiums back to 2001 I sent notarized copy of registration showing him to be owner since purchase. Now they say they will not return any and have refused to deal with me unless it is on the phone. I have copies of months of emails where they state they will backdate and now they won't. I have changed companies and I believe they should give me back every cent they charged me for his vehicle which by the way has not been on the road since he took it back... What do I do? Please reply back on my email as well as on this chatline so I'll be sure to see your answer.


Asked on 4/01/06, 1:03 pm

1 Answer from Attorneys

John Kirby Law Offices of John M. Kirby

Re: I want re-imbursement

This is seemingly a complex issue. Assuming that the policy was yours (e.g. that you were the sole "named insured"), then I am aware of no reason that you could not request that the vehicle be removed, regardless of the tag situation. On the other hand, I believe you should have been able to take your business elsewhere if you disagreed with the insurer's position. The legal theory for recovering your premium is not entirely clear, but there are some situations where a premium paid by mistake, for non-existent coverage, is refundable. Their e-mails to you, however, generally strengthen your claim, but this too is complicated because, e.g., there was probably no additional "consideration" for their promise. The conduct of the insurer (or agent) in this case sounds fairly bad; if so, then they may be subject to punitive or treble damages. This generally gives you some bargaining leverage. The other concern is the statute of limitations. Any claims which arose in 2001 are now 5 years old. Depending on the nature of the claim, those claims may be barred. It may be, however, that premiums paid during later years are still recoverable. (Also, if they misled you into not filing suit or seeking a lawyer, causing your claims to expire, then you may be allowed to pursue the claims.) You are probably well-advised to see a lawyer. Your only options may be to file suit, or to threaten to do so, but these options are less effective without an attorney. You could also pursue an administrative complaint with the Dep't of Insurance, but you would generally not be able to recover money from such a proceeding.

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Answered on 4/02/06, 9:51 am


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