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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32724
Experience:  Began practicing law in 1992
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I paid an insurance agent $668.00 (payment in full year)

Customer Question

I paid an insurance agent $668.00 (payment in full for the year) for a home insurance policy on 01/11/2016. The agency informed Me a week later that the insurance company denied the policy request due to a claim I filed last year with My current insurance company.
I have not been refunded the money I paid. I contacted the agency three times about My refund, He cannot help Me. I called the insurance which only put on hold while transferred to agent, no help. I contacted Ga. Department of Insurance, which did contact the insurance company, He says they are going to send Me a prorated check for the refund.
Could I file a lawsuit for this?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Yes, you could sue them but the issue will be did they return the money in a reasonable period of time after the denial. Most courts hold that 30 days is reasonable and some courts will find up to 60 days is reasonable. You could sue them in small claims court for that amount of money though and filing and serving them will cost you a couple of hundred dollars. If you win the case the judge should award that back to you though.

Customer: replied 1 year ago.
Could I sue for more than the amount They owe Me and would I need a lawyer in a small claims court?
Expert:  Dwayne B. replied 1 year ago.

You can ask for punitive damages for bad faith.

No, you don't have to have a lawyer. You would want to pick up a good book or ebook on the topic, like the one at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-small-claims-court/ , so you're familair with the process but other than that you can likely handle it without a lawyer.

Expert:  Dwayne B. replied 1 year ago.

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