$12K premium paid from cash value after I told them NOT to.

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lfshadow

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I had taken out a Life Insurance policy several years ago. In Sept. 07 the premium came due and I told my Life Ins Agent not to pay it because I was planning to cash it out. (Premiums were usually paid thru my Annuities, with same Ins agent). I asked him several times to send me the forms to cash it out, but he did not get the forms to me until Feb. 08.
I filled out the forms to cash in the Life Ins and the Annuities in Feb.08, (as soon as I got them). I received my check for the Life Ins Policy and it showed that $11,751.77 had been taken out of the cash value as an "Outstanding Loan Amount". I called the Ins. company and asked them what this "Loan" was, that I didn't know anything about it, and they said, "As outlined in your policy, if premiums payments are not recieved, the non-forfeiture option will take place...the automatic premium loan was taken to pay the premium due.
But I told my Ins agent NOT to pay anything on any premiums, and he knew I was wanting those forms so I could cash in the policy. Do I have any legal right to get this money back?
As far as proof of what and when I told him I wanted to cash this policy in, I have an audio tape recording but I don't think there would be any way to proove the date it was made. I do however have several emails I sent to him asking for the forms to cash in the policy.
What would be my best course of action in this case?

Thank you.
 
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