- 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?
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?