Legal Question in Insurance Law in Vermont

Insurance Co refuses to pay benefit on a disability policy.

I started a disability policy in Sept 87 with the Health Insurance Company of Vermont, Inc. When the policy matured, the company was to pay back to me, 80% of what I paid in plus interest. That was supposed to happen in October 97. The company maintains that all the premiums were not paid on the policy and that they sent me a cancellation notice in Spring, 96. I never recieved any notice. I did not change my address either. I am interested to find out what my recourse is with a company that is in business outside of my state? Also I would like to know who I might be able to contact about this in Vermont? Thank you for your help in the matter.


Asked on 4/20/98, 6:41 am

1 Answer from Attorneys

Thomas Workman Law Offices of Thomas Workman

Unfair Insurance Practices

Sounds like an unfair practice in the Insurance business. Massachusetts has a specific law on this topic, which forbids insurance companies from practicing their business in an unfair manner. The Vermont Insurance company would be subject to that law, more than likely, if they advertised or sold the policy to you in Massachusetts. Massachusetts has a "long arm" statute that makes companies in other states subject to Mass law, when they "do business" in Massachusetts. You may need to talk to an attorney to find out if the Vermont company's practices bring them under the Mass. law. If you pursue a demand under MGL ch 93A, which I believe you are entitled to do under the Insurance laws, then you may be entitled to multiple damages and attorney's fees if the company does not settle in a timely manner. A Massachusetts attorney can evaluate the case, and the potential damages, to tell you if the case is worth pursuing with an attorney. If not, you can contact the Attorney General in Boston, and make the situation known to their insurance fraud department.

This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.

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Answered on 5/11/98, 6:27 pm


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