regarding tendering payment

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regarding tendering payment

I sent a check to cover my January premium dated 1/9/2019 and mailed on 1/9/2019. Insurance company confirmed they had my check in my file in mid-February, but not sure why they had not cashed it. I have called them 4 times starting on January 30, 2019 asking them to get it taken care of. Now they want me to reissue a check as they have lost it and it has not been deposited. I want them to pay for the Stop-Payment fee. What else can I do?

Asked on March 6, 2019 under Business Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Legally, are they responsible for a fee caused by the carelessness or negligence? Yes.
Practically, there is no way to make them pay if they won't voluntarily absorb this cost. To make them actually pay you the money, you'd have to sue for it, which is hardly cost effective. And if you take the cost out of your premium, they will cancel your coverage and force you to sue them to try and reinstate it. Sometimes, for small amounts of money, there is no way to have justice: it makes more sense to absorb a small unfair cost than fight for it.


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