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RGMacEsq, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 15594
Experience:  Licensed Texas General Practice Attorney
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I had insurance on a home and place years the bank said

Customer Question

I had insurance on a home and place for 10 years the bank said I had to have at least 40,000 because of the loan so I have always had that . Now insurance company says I called last August over phone and changed coverage to 10,000 which loan company wouldn't agree to they have phone documentation of this that I changed the amount over the phone. I don't remember didn't get any paperwork or have to sign anything.
Now the place got totally wiped out in a tornado and I'm up a creek and nor enough for bank or anything and nothing left. They say they have phone documentation would that phone documentation hold up in court that would make it not pay or is it worth fighting it.
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  RGMacEsq replied 5 months ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. IF they have the phone conversation or other substantial proof that you called and changed the coverage, that could be enough to hold up in court. Ultimately it's a matter of proof. The insurance company had a contract with you to cover your house for a specific amount. You had the ability to change the coverage. Now you have a separate contractual obligation to the mortgage company to have insurance coverage. If you reduce the insurance coverage, that's a breach of the contract with the mortgage company. But the contract is not between the mortgage company and the insurance company. The insurance company reducing the coverage would be legal and enforceable if you directed it. But they'd still have to prove that you actually did reduce it (and that this isn't just a convenient excuse given the damages that you incurred). I would ask for a copy of this phone "documentation" that they claim to have. If it's a recording, that's almost impossible to get around. But if it's merely a "record", that's less likely to hold up in court (it could still hold up if they can prove that the process for making the records can't be altered after the fact, etc...). Again, ultimately it's a matter of proof and would depend upon how the jury saw it. If they felt that there was enough evidence to support the insurance company's claim that you changed the coverage, then the jury could find for the insurance company. But if the evidence is on your side, then they can find that the policy never did change. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!
Expert:  RGMacEsq replied 5 months ago.
Did you have any other questions before you rate this answer?
Expert:  RGMacEsq replied 5 months ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

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