Legal Question in Civil Litigation in Florida

My husband has been unknowingly paying his ex-wife's car insurance premiums for over two years. We use the same insurance company for house, car, motorcycle, etc., which are all billed seperately and automatically debited from our checking account. We did not pick up on the additional automatic debits for her premiums. Recently, Wells Fargo merged with Wachovia, and offered more detailed information listed on the online statements. Instead of simply "GEICO Premium collection," the new statements list the policy holder's name. We immediately filed a police report and started a fraud investigation through Wells Fargo for the most recent payment. When GEICO contacted her to tell her the payment was rejected, and she needed to submit a different form of payment, she had the audacity to call my husband demanding to know why he stopped paying her insurance payments. It was then that he found out he had been paying them since September, 2008. Their divorce was final in December, 2008. The premiums we paid for her total almost $2,000. Do we have a claim in small claims court, or are we just out-of-luck for failing to catch it when she first did it in September, 2008?


Asked on 7/08/11, 6:52 pm

1 Answer from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Probably out of luck.

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Answered on 7/17/11, 6:55 pm


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