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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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an insurance company sold me an accidental life insurance policy

Customer Question

an insurance company sold me an accidental life insurance policy knowing at that time I was suffering from acute severe depression. I have no memory of this transaction, and they have been billing my bank account $30 per month for 3 years. When I called them to ask about what policy was I paying for they stated they couldn't sell me a life insurance policy because of my depression and suicidal thoughts so they sold me an accidental life insurance policy. I have no memory of any of this! Should be held liable for the contract?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.

My name is Joseph. I am a licensed attorney, and my goal is to provide you with excellent service today.

Are you asking if the contract could be invalidated on the basis that you were suffering from acute severe depression at the time?

Could you also tell me why you waited three years to contact the insurance company about the 30 dollars that was being deducted from your account on a monthly basis?

Finally, did you sign a contract for the policy when you purchased it (based on what they've told you)?
Customer: replied 3 years ago.


I was totally unaware of the charges until today when my credit union asked me if I was aware of this, and provided me with the name and phone # of the company

I did not sign a contract they told me it was done on the phone

Expert:  Joseph replied 3 years ago.
Honestly, if they have a recording of you agreeing to the contract, it would be difficult for you to get out of the contract, although I am quite surprised that you didn't sign anything for the contract.

In order to get out of a contract like this, you would need to prove that it was unconscionable, or that you were insane and incapable of making decisions at the time, which seems unlikely despite your severe depression.

That said, you can and should contest these charges with the credit card company stating that they were unauthorized. And, you should request verification from the insurance company that your conversation took place. The credit card company may be successful in getting back your money for you, in which case, you wouldn't have to worry about filing suit either.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service preferably) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!