Legal Question in Insurance Law in Minnesota

Auto insurance claims check

If you have an auto claim from a car accident, vandalism, etc. When the insurance company sends YOU a check, can it be written out both you and the auto body repair shop? My instructor from my property and casualty license class says no it can only have your name. My insurance carrier said they do it all the time. So who's right?

Asked on 2/27/01, 10:24 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Auto insurance claims check

Your instructor is correct. The insurance policy is a contract of indemnity which protects the named insured and compensates the insured in the event of loss. It is not subject to unilateral amendment by the insco to include a repair facility. Although it is true that inscos do it all the time, that does not make it right or legal. Stick to your guns if it is an important matter to you.

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Answered on 4/24/01, 9:29 am

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