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Non existent insurance coverage.

Discussion in 'Automobile & Car Insurance' started by MB23, Jun 16, 2016.

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  1. MB23

    MB23 Law Topic Starter New Member

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    Jurisdiction:
    Illinois
    I'm a student and was covered under my father's auto insurance for several years. He passed away last year, so when the policy was due in January I went to office to get the policy formally updated.
    In August of last year my father was involved in an minor accident in which he was not at fault.

    In February, the at fault insurance company said they could issue a check in my father's name or require power of attorney which ceases at death. A check issued in my father's name would go into the estate to pay down remaining debts. I would be required have to pay the damage out of pocket.

    In March I called my own insurance office about the claim and was told they did not know the answer but would get back to me. They never did.

    In April I faxed the required information to the office for the claim, but I'm not certain it was received. Nor did I ever indication from the office.

    In June I went to office and requested proof of insurance and to personally hand over the papers for the claim. The agent would not provide my proof of insurance. I told them to call the police and the agent asked me to leave repeatedly. They finally printed out the proof after consulting with another agent. Then said there was some other required form for the claim but gave no explanation, even though I passed along a copy of every paper that I had pertaining to the claim.

    I filed a complaint against the agent which resulted inquiry into my policy. Yesterday I was informed that at my father's passing the policy was invalid and immediately canceled 6/14 at no fault of my own. Yet on the 6/10/16 I received a letter stating: 'you are covered as a driver under said policy'.

    If I had not filed a complaint I would still be paying for non coverage. I'm being refunded my premiums. However, if it was a hassle to get my proof of insurance one only can imagine what would have happened had I been in an accident with non existent coverage. It's illegal to drive without insurance. An auto insurance company that issues non coverage is negligent in its duties. Can I receive punitive damages for this breach of contract?
     
  2. army judge

    army judge Super Moderator

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    Think about it, mate, how can you be insured under a policy held by a dead person?

    You should have obtained insurance in your name.

    When you asked the insurance company for an explanation about the policy being cancelled, what were you told?

    The simple answer is, you were never responsible for any debts that remained upon your father's death.

    If you paid them, that was nice of you, but not legally mandated.

    Under what theory of contract law do you think you can sue someone for breaching a contract with a party with whom there was no contract?

    Simply put, you have no case.

    Move on, buy your own insurance.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    You wouldn't receive even the first nickel.

    I could spend an hour telling you what you should have done but it wouldn't make any difference. It's all water under the bridge.

    Suffice to say: Army Judge is correct. Retitle to the car and buy your own insurance.
     
  4. MB23

    MB23 Law Topic Starter New Member

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    That's the entire point. I never assumed that the coverage would continue. I went in on January with the death certificate to have insurance underwrite the policy in my name.
    That's exactly what I did. If you meant another insurance company I was planning on doing that as soon as the claim was managed.
    Essentially what you said in your first quote. For some reason my father remained on the policy while I was removed after I had the new policy underwritten in my name. Obviously the insurance company was negligent in it's duties.
    That's not the issue. Unless the check is issued in my name it would go into the estate and be used to pay remaining debts so I would have to pay out of pocket for repairs.
    It is a contract between you and the insurance company. You agree to pay the premium and the insurance company agrees to pay your losses as defined in your policy. I have a page defining my coverage and I certainly paid my premiums.
     
  5. army judge

    army judge Super Moderator

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    Okay, Clarence Darrow, Ben Matlock, and Perry Mason; tell that to the insurance company.

    What you've just admitted to, counselor, amounts to FRAUD of some sort.

    Who the heck am I to question you, boss?

    I'm just some unknown dude on the Internet with a law degree, licensed to practice law in several states, federal courts, and the military court of appeals.

    What the heck do I know, next to you and your brilliant, piercing legal analysis?
     
  6. MB23

    MB23 Law Topic Starter New Member

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    Who apparently didn't understand a simple concept that an insurance policy is a contract makes me very dubious of your stated 'law' knowledge. The fact that you are getting defensive because I replied with follow up seems to confirm that opinion. Three out of the eight law offices that I contacted with 'actual lawyers' want to see the paper work, get further details would confirm the opinion that you have no idea what you talking about. An unknown dude on the internet who spends the day posting on site that for likes that seems very reasonable.:D

    You remind me of a guy I knew in high school, no one cared what this guy had to say. He starting spending all his time on a video game forum and after many years became a moderator and passed along he developed games yet knew nothing of the sort. Is that you Blaine, are now pretending to be a lawyer:eek:
     
  7. Betty3

    Betty3 Super Moderator

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    army judge is a lawyer & a good one. Since you have already contacted 8 law offices, I don't believe you need our help - work with the lawyers you have contacted.
     
  8. army judge

    army judge Super Moderator

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    You're a comical little critter, begging, pleading, demanding FREE answers on the Internet.

    No worries, son, no worries at all. LOL
     

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