Legal Question in Insurance Law in Illinois

My brother was in a car accident. He was insured on the date of the accident like the insurance card they faxed to him said. When he called to claim the accident the insurance company said his phone payment had not yet gone through at the time of the accident, so he wasn't covered, is this true? what can he do?


Asked on 8/10/10, 8:50 pm

2 Answers from Attorneys

Betty Tsamis Tsamis Law Firm PC

If his phone payment did indeed not go through the insurance company could have a basis to deny coverage. This all depends on the agreement your brother has with the insurance company. In any event, your brother should seek the help of an attorney.

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Answered on 8/16/10, 6:22 am

I agree w/Ms. Tsamis. A lot will depend on the circumstances of the phone payment. If this was done at an agent's office, there should be a record of the call, and the agent may have issued a binder. On the other hand, if you called from your home or from your cell, then it is going to be harder. Please keep in mind that Illinois observes what is called 'The Known Loss Doctrine'. In other words, insurance won't cover a loss that takes place prior to the inception date (and time) of the policy. If the policy did not take effect until receipt of payment, your brother will have some difficulty with this matter.

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Answered on 8/17/10, 7:43 pm


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