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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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Does a merchant need to send a renewal notice to subscriber

Customer Question

Does a merchant need to send a renewal notice to subscriber residing in California either by post mail, or e-mail even they have listed the cancellation/renewal policies on line?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, and welcome to JustAnswer, My name is ***** ***** I am one of the Attorneys here on JustAnswer, I am sorry to hear of the problem you are experiencing and I will be glad to Answer your question,

If the policy names both you and your former wife as the “insureds”, then, from a legal standpoint, the insurance company must issue the check in both names, otherwise, it would be opening itself up to a lawsuit, if your former wife decided to sue them and claim that she was part owner of the stolen watch.

Since the watch belonged to you, you should have asked them to issue the policy only in your name. The only way that the Divorce Decree could help you is if there was a paragraph stating something to the following effect

" Wife shall cooperate with husband in executing any and all documents relating to any claim filed by husband with respect to any insurance policy which insures property solely owned by husband, or awarded to husband as part of this divorce"

Then, if your former wife gave you any problems about assisting you in filing any claim of loss, or cashing an insurance check for any loss of property owned by you under an insurance policy, you could file a Petition for Contempt of Court for not complying with the requirements imposed on her by the Divorce Decree. I am sorry that I could not give you more favorable news, but I am sure that you came to JustAnswer because you knew you would receive a correct Answer.

If the insurance company gives you any problem, or your bank will not cash the check without your former wife's signature, you also have the option of suing the appraiser. You did not state the value of the watch, but if it does not exceed the jurisdictional maximum of the Small Claims Court in your State, you can sue the appraiser in Small Claims Court. His insurance company would have to step in to defend their insured (the appraiser), and pay for any judgment you obtained against the appraiser. The judgment will be solely in your name.

PLEASE LET ME KNOW IF YOU NEED CLARIFICATION ON ANYTHING AND I WILL BE GLAD TO EXPLAIN FURTHER

IF I HAVE ANSWERED YOUR QUESTION, PLEASE BE KIND ENOUGH TO LEAVE A POSITIVE RATING SO THAT JUSTANSWER WILL GIVE ME CREDIT FOR ASSISTING YOU, THIS DOES NOT COST ANYTHING ADDITIONAL BUT IT IS THE ONLY WAY THAT JUSTANSWER KNOWS THAT I HAVE ASSISTED YOU,

I WISH YOU VERY HAPPY AND SAFE HOLIDAYS,

ANDREA

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