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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111537
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am looking for an attorney experienced in the insurance

Customer Question

I am looking for an attorney experienced in the insurance industry.
JA: What state are you in? It matters because laws vary by location.
Customer: Colorado
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am looking for the attorney to draft a letter, requesting that a "suspected-nonparty" to an insurance proceeds check to either demonstrate their interest in the proceeds or direct the insurance company to remove their name as a payee
Submitted: 22 days ago.
Category: Legal
Expert:  Law Educator, Esq. replied 22 days ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
We are able to review and suggest corrections to a letter you write, but legally writing letters for you to anyone would constitute representation, which is forbidden by state laws. So if you would like to put your letter together for us to review we would be glad to do so, but we cannot send letters on behalf of any customer, thank you for understanding.
Customer: replied 22 days ago.
I have an insurance-claim proceed$ check, which includes a "suspected non-party" payee on the check.
I want the "suspected non-party" to either demonstrate a legal interest in the settlement proceeds or
have them direct the insurance company to remove their name, as co-payee, from the check.
What Colorado laws should be cited to reference the legal authority of my request to the "suspected non-party"?
Expert:  Law Educator, Esq. replied 22 days ago.
Thank you for your reply.
Who is this "suspected non-party" that you are referring to? Please explain what is going on rather than expect us to answer without all of the details.
Customer: replied 22 days ago.
OCWEN loan servicing for DEUTSCHE BANK
Expert:  Law Educator, Esq. replied 22 days ago.
Thank you for your reply.
Does Deutsche Bank have a mortgage on your home and is this for homeowners insurance claim?
Customer: replied 22 days ago.
Deutsche Bank denies owning the mortgage; yes, insurance proceeds are for a homeowner's claim.
Expert:  Law Educator, Esq. replied 22 days ago.
Thank you for your reply.
So, the issue is that Deutsche is listed as the mortgage holder with the insurance company, which required them to name them on the check. However if Deutsche has told you in writing they do not own the mortgage, the OWCEN has no right to be on the check. So what you need to do is get a letter from Deutsche saying they do not own the mortgage and then you send that to the homeowners insurance with a letter informing them that the alleged lienholder states they do not hold the lien and ask for them to remove them from the check and to send you a new check with your name only.
If they refuse, then you need to send the letter to OWCEN asking them to prove they own the mortgage and if they fail to do so, you would need to go back to the insurance company again at that time to show that they are the improper party.
You need to take those two steps before going to the third step of suing the insurer for breach of contract for not issuing the check to you and then at that time you would subpoena Deutsche and OWCEN and make them come to court with their proof and if they fail to do so the court would order the insurer to issue the check in your name only.

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