How can I get my money back from a policy that was never sent to me?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I get my money back from a policy that was never sent to me?

I have a policy with Continental American Insurance Company and I want
my money back because they never sent me a policy. I requested it
twice and they still didn’t sent me one. Also, they sent me a letter
saying that they over charged me and would mail a refund check, which
they never did. I got the policy in March of 2017 and here it is
December of 2017 and I still have not received a policy, I requested
it in June and July of 2017. I feel like I’m being scammed and they
take the money out of my pay roll check.

Asked on December 7, 2017 under Insurance Law, District of Columbia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You would sue the insurer--that's how you get your money back in cases like this. You would sue based on several alternative legal grounds (you are allowed to name different theories in the lawsuit when you don't, in advance, know exactly which one applies):
1) Fraud--lying about what they could or would do.
2) Breach of contract: violating the terms of the agreement.
3) Conversion (a type of theft): keeping money entrusted to them (premiums payments) when it is to be applied to something for your benefit.
4) Theft by deception: stealing from you  by tricking you.
In any event, they can't keep your money without giving you a policy, and if they have breached their obligations, even if they wanted to now sendyou the policy, you'd have the right to terminate and get your money back--but you have to sue to do so.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption