Do i have a case? my insurance was cancelled and i was never informed until almost a year later!

I just found out my auto insurance had been cancelled due to a fraud claim that my ex husband claimed on his vehicle. We separated in September 2011 and the insurance was cancelled in November 2011 (meaning i went 11 months not knowing i had NO insurance). I called yesterday to renew my policy becuase it expires on October 13, 2012 only to find out that i haven't had any for almost a year. The insurance company has notes on our file that we called and claimed we were separated and that we wanted to split our policy but never did because we figured we would let it expire then get our own policies once it expired (oct. 13, 2012)... NOW turns out they cancelled it but did not inform me! Wether my ex knew i have no idea but i am on the policy and my vehicle is on the policy and i wasnt informed! do i have a legal case? I have a 3 year old child and a 2007 yukon, what if something had happened to us??


Asked about 7 years ago in New York
Categories: Contracts  Human Rights  Small Claims  Personal Injury  General Legal Questions

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HOWARD SHERNOFF

Answer by HOWARD SHERNOFF

VerifiedCalifornia lawyer


The laws governing an insurance carrier’s duty to notify of an impending lapse of coverage vary from state to state. The underlying theme is that there must be reasonable notification. It sounds as if there was some confusion and perhaps miscommunication in this instance owing to the marriage separation. But to have an actionable legal case, a plaintiff must have suffered some harm in order to have standing to bring the lawsuit. This is because the court needs to know what it is that the plaintiff wants – usually it is payment for the damages the plaintiff has incurred. The problem here is that the law does not recognize claims for conditional damages such as, “I could have been hurt.” You may have experienced some emotional distress upon learning that you were not covered all that time. But absent a showing of the carrier’s actual intent to cause you severe emotional distress, there is no legal cause of action you can bring in this circumstance.
 

Posted almost 7 years ago

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