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CalAttorney2
CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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My policy was cancelled due to an audit. I paid the premium

Customer Question

My policy was cancelled due to an audit. I paid the premium earlier the same day I had an employee get hurt. What can I do. The Insurance company is debating on if they will pay the claim. I asked my agent to reinstate my policy. They sent notice to the company. They required a no loss statement on our Company letterhead.. I used "ambiguous language" that they did not approve. I had also signed a no loss statement my agent had showing the date & time that premium was paid and the time of day we asked for reinstatement. Is there anything I can do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I really would encourage you to retain an attorney here. While you can make a complaint with the OK Dept. of Insurance (here: http://www.ok.gov/oid/Consumers/Consumer_Assistance/File_a_Complaint.html), in my experience if you are in a dispute with the carrier over scope of coverage, filing a complaint with the state can often complicate (rather than facilitate) a resolution if you have to get counsel involved later.

(I know that customers don't come here to be told "go hire a lawyer" so I want to explain why I am giving you the advice). Your dispute with the carrier has a good chance of being resolved in your favor (you tendered the requested premium prior to the loss, the tender should act as an "acceptance" of their "offer" and thereby created a binding "contract" (all the elements are met for the policy to be binding).

I would hate for you to lose a decent shot at coverage by trying to save a few bucks on counsel. Hiring a civil litigation attorney early in the matter is probably your best option to get your coverage decision resolved favorably and quickly.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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