regarding tendering payment

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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