Insurance company didn’t notify us that they were canceling our policy. What do I do?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Apr 16, 2012

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Insurance Question from Colorado Springs, CO

Asked on 04/16/2012

Insurance company didn’t notify us that they were canceling our policy. What do I do? My husband was in a wreck and for the past week he has been talking with our insurance company about all the things he would need to have done for the claim. Until today they never once told us that they had canceled out policy earlier this month. We are in the military so we set up our payment to be taken out after we got paid the middle of each month and they are saying that when they attempted to pull it last month they were unable. We never got any mail, emails or phone calls saying that they weren't able to otherwise we would have fixed it. Is there any way to get our claim taken care of?

Answer given on April 18, 2012

If an insurance company does not receive a payment, even on an automatic deduction from an account, they cannot immediately cancel the policy. They are required to send notice to you that the payment did not clear and give you a certain number of days to make the payment. The number of days is usually 10-15 days notice. Also, if you have an insurance agent, they should have contacted you about the failure of the payment, but they are not required to do so. In addition, I would think you would have gotten a notice from your bank about the failed payment.Ask the insurance company to provide you with dates and copies of any notices sent to you about the non-payment. While they cannot prove whether or not you got the notice, they do have to prove that the notice was sent. When you get this information see if the adjuster will do anything about try to reinstate the coverages so the claim is paid.

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