Legal Question in Insurance Law in California

i had refinanced my loan on my truck approx a year ago in calif. They (USE) offered a job-loss insurance plan for an extra amount added to my policy monthly..If i was to lose my job the policy would pay my monthly truck loan payments for one year...I agreed and made my payments monthly as i had for years...then last november i was laid off from the post office after working full time (actually over 40 hours a week on average) So, of course I contacted my lender and they told me that I was covered and my payments would be taken care of...I supplied them with my unemployment check stubs etc and everything was fine,,,so I thought...After a month or so,,I started getting calls from collection agencies for loan payments...I called my lender ...they said it must be a mistake,,,they would take care of it...but the calls continued from the collection agencies...After sending in employer check stubs(again) and unemployment info again....no payments were paid,,,Finally after 5 months they informed me that i was uneligible for this plan because i was not a "permanent" employee so i did not qualify..If working for over 4 years prior for the usps is not permanent,,,what is? So now my truck was re-possesed and i have pay all these extra fees (towing,storage, etc and 5 months of payments to get my truck back! Do I have any recourse here,,,I am a total wreck over this whole ordeal and believe I have been taken advantage of or at least misled..what can I do? thanks so much for any info you may give..Arthur Renno...San Diego [email protected]


Asked on 3/20/10, 7:55 am

2 Answers from Attorneys

James Bame San Diego Law Office

You may have a breach of contract action in which specific performance is a remedy as well as recovery of sums paid. What is the total of your damages. Contact me directly,

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Answered on 3/25/10, 3:12 pm
Herb Fox Law Office of Herb Fox

There may be much more here than breach of contract. You may have causes of action for unfair business practices, false advertising, and fraud. Further, if this practice by USE is widespread,there may be grounds for a class action suit.

My offices are in Century City and Santa Barbara, and I work with attorneys throughout southern California. Please call me for a no obligation, no fee consultation.

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Answered on 3/25/10, 10:24 pm


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