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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 118251
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I am looking attorney that has experience with insurance

Customer Question

I am looking for an attorney that has experience with insurance companies, but on the agency side NOT consumer side. thank you
Submitted: 1 year ago.
Category: Business Law
Expert:  Marsha411JD replied 1 year ago.

Hello,

Can you please tell me what your legal question is? thank you

Customer: replied 1 year ago.
I am having an issue with a General Agent (Pacific Gateway Insurance Agency) who is refusing to flat cancel two commercial charter bus policies because the client's NSF check issued to my office for the initial payment does not have the insured's name (Mr. Cordova). Pacific Gateway Insurance then advised me that in order to flat cancel the policy I would need to prove that the person who issued the check, Mr. LeClerc, is the owner of the charter bus. I gave proof to Pacific Gateway Insurance showing Mr. Cordova is listed as the owner with the Department of Transportation and Mr. LeClerc is listed as the sole owner with the San Bernardino County Recorder's Office. Pacific Gateway Insurance is now ignoring me and telling me they will not speak to me since I do not have a direct appointment with them and that I need to only communicate with another General Agent (RMIS) for my flat cancellation request.
At this time I have been communicating with Pacific Gateway Insurance as well as RMIS to flat cancel both of these insurance policies since September 1, 2015. I would like to know what rights I have to be able to recover my money.
Thank you
Expert:  Marsha411JD replied 1 year ago.

Thank you for the reply. I am, unfortunately, no longer available to work your question so I will open it up to other Experts now.

Expert:  Law Educator, Esq. replied 1 year 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.

I am a DIFFERENT CONTRIBUTOR.

This is a matter of breach of contract between you and the party who gave you the NSF check. This means it is a civil matter and Pacific Gateway is not part of that if they did not give you the NSF check. Under CA law if someone issued you an NSF check, it can be a felony or misdemeanor if the check is over $950. You can file a criminal complaint with the DA as well as sue for triple damages for the bad check. You must send the issuer of the check a certified letter (http://www.courts.ca.gov/11151.htm ) informing them the check was returned for insufficient funds and give them 30 days to make good on the check and if they refuse, then you can file suit against the issuer and also bring proof of sending the letter to the DA for criminal charges to be pursued.