What can I do to force insurance company to remove erroneous claim settlement information off of insurance databases?

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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: Jul 13, 2012

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Insurance Question from Atlanta, GA

Asked on 07/13/2012

What can I do to force insurance company to remove erroneous claim settlement information off of insurance databases? My name appears on insurance databases reflecting that I received a $20,000 settlement from an insurance company for a homeowner’s claim filed August 2011 by my ex-husband. We were divorced November 2010 and I vacated the house December 2010. The insurance agent said the check was made out to only my ex-spouse because he provided a copy of the divorce decree. I asked the agent why my name was NOT removed from the policy. After talking with several people at the insurance company for 2 hours they said their system would not allow them to correct the error. The insurance company I tried to get homeowner's insurance with has denied me and others gave me astronomical quotes because now I am considered a "high risk." Please advise.

Answer given on July 13, 2012

If you were still on title for the home at the time of the claim, then the check should have been made payable to you and your ex-husband. If the divorce decree shows that the home was only in your ex’s name, then the check would have been made payable to him. However, the insurance company should have removed your name from the policy, and the claim should not be showing under your records.If you can provide evidence that you were not a resident of the home when the claim was filed, along with a copy of the divorce degree and a copy of the claim check, you should be able to convince a new insurance company that the claim was not yours, but your ex-husband’s. Try providing the agent you are working with for the insurance with the evidence that you were not a resident of the home and provide a copy of the claim check. These two pieces should enable the agent to talk to the insurance company and get you accepted without a claim showing against you.

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