take insurance company to court?

[phillip52]

What is the name of your state? Colorado

I’m debating whether to take my Insurance Company to Small Claims Court or with an Attorney.

My situation is I changed Insurance companies and the previous Insurer is claiming that the remaining funds paid for the 6 month period is there’s. Recently I had changed the policy from one auto to another auto which raised the policy premium. The funds left from the previous policy transferred over to the new policy. This new policy was to include previous funds along with extra payments to be made. Now, the Insurer is claiming I owe them funds due to this, but to my knowledge, if I didn’t use the policy, are not left over funds from the previous policy legally mine? My main concern is if these funds were never used to insure myself before this new policy began, would I have a chance to reclaim these funds or are there other options? Nevertheless, the policy did cancel and I decided not to renew it.

Any and all advice is appreciated.

 

[southernponyboy]

It sounds like you owe them 'earned premium', which is premium due your insurance company for the time your policy was in force.

You say:

Nevertheless, the policy did cancel and I decided not to renew it.

Why did your policy cancel? Was it for non-pay? If so, there is a good chance that you will owe some earned premium.

If your policy was not renewed, then the only way you could owe them any more would be from adding the higher-priced auto to the policy. In this case, you may owe them the difference.

Please note there is a difference in your policy being cancelled and not renewed.

Without a little more information, I cannot help you with your question.

 

[southernponyboy]

I find this very offensive and I am sure others do too. This thread should be removed.

 

[phillip52]

Hi, thank you very much for responding, I was waiting until that picture was removed.

In regards to my question, The policy was not renewed when I didn’t send the payment so I assume it was for a non-pay.

I’m still wondering because I never did use the policy even after it switched over, but would I not still be entitled to the previous policy funds or is it a lost cause?

About the possibility of still owing them funds, would I still owe them if I never used the policy and not renewed the changed policy?

Thanks for your time and help.

 

[phillip52]

What other information would help me out? I’ll post it ASAP.

 

[southernponyboy]

If you had a credit balance from the prior policy, that should be refunded to you. That is, as long as there was no time used for the new policy. It sounds like they may have let the policy run until it finally cancelled for non-pay. If this is the case, you should be able to show them the new policy you purchased and the effective date of it and they can go back and retro-cancel their policy. (As it is illegal to carry 2 policies on the same auto at the same time) If this is the case they should have to refund the money back to you.

Some policies have a clause that states 100% fully earned premium. This means that if you cancel the policy any time during the period then you still have to pay for the entire policy. But I have only seen this on commercial policies so it is unlikely that this is the case with you.

Wish I could be more help.

Good Luck!

 

[phillip52]

Sounds like I shall check with them about it. Thanks again, I was very upset with the Insurance company and now I think you put my mind a little more relaxed.