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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 99506
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My private disability insurance was cancelled due to non-payment.

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My private disability insurance was cancelled due to non-payment. I was billed quarterly for the past 14 years. The last payment invoice due must have been misdirected. My policy was cancelled without the benefit of being advised that my payment was late. Can I contest this?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

Can I contest this?

If they denied you wrongly, then yes. Provided that you have been making payments per the contract and it was they who made the mistake (and you have proof of sending in payment on time), then they have to provide their services per the contract as well.

Of course, simply stating so does not make it so. As such, someone in your situation may wish to file a complaint with the NJ Department of Banking and Insurance, see here.

Once the state becomes involved, the insurance company may wish to reconsider their decision and put you back on likely, to avoid an investigation into allegations of misconduct.

Good luck.

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Customer: replied 3 years ago.

My question did not state that I made the payment, but that I missed making the payment because my quarterly bill must have been misdirected and I did not realize that it was due.


My question is can the insurance company cancel my policy without any prior notification.


Hillary Smith


Ah, my apologies for the misunderstanding. When you stated "The last payment invoice due must have been misdirected," I took this to mean that the payment was timely, but was simply misdirected to another department, etc, upon receipt of it by the insurance company.

Please tell me more about what you mean by "misdirected?"

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

I never received the bill in the mail. Since this is a quarterly payment, I did not realize that payment was due. I live in a condo with mail boxes and often mail is placed in the wrong box. Good neighbors will deliver the mail, others just throw it out. I did not realize my payment was due.


I see. In that case, I have some bad news, then, and I am sorry. No, you could not contest this. This is because the fact that they were late in sending you a bill does not mean that you can miss the payment deadline. The contract states that you shall pay on ___ of the month, etc, and not that you shall pay once you receive the bill.

As such, the onus is still on you to make a timely payment even if you have not received the bill. Because you did not make the payment, the insurance policy arguably has the right to drop you because of a breach of contract. I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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