my insurance company is saying i had a lapse in coverage and refuses to pay a claim hoever i have proof in writting.

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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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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: May 27, 2012

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Insurance Question from Dallas, TX

Asked on 05/27/2012

my insurance company is saying i had a lapse in coverage and refuses to pay a claim hoever i have proof in writting. I had an at fault accident on may 11 and my insurance company says i had a lapse in coverage and they may not pay he clim. However the following day after i made the claim i called the insurance company and got a leter faxed from them that states thru my entire policy i have had no lapse in coverag and expresses the date of the accident specifically as covered in the form. do they hve to legally honor the letter?

Answer given on June 15, 2012

If there is a question of a lapse or gap in your insurance policy, the letter that you received from the insurance company that indicates you had insurance at the time of the accident does seem to be credible evidence of insurance.However, if there is other evidence from the insurance company that indicates that they sent a notice of cancellation for non-payment of the premium, the letter will indicate the date the insurance was set to cancel. If that date is before the accident, and you did not pay the premium on time, then the insurance company could deny coverage, even though they sent the letter saying there was coverage on the car.If you have proof that you paid the premium on time and so the insurance policy would have been reinstated, then that along with the letter saying you had no lapse in insurance should be sufficient to serve as proof of insurance at the time of the accident.

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