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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99957
Experience:  Lawyer
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I had house insurance with red river. in the fall of 2015 i

Customer Question

i had house insurance with red river. in the fall of 2015 i had put in a wood stove with intention of notifying the ins broker. my main source of heat is oil. I then found out i had to pay 400/500 surcharge for the wood stove and i couldn't afford it. my house is older and i do need add heat. i have a stainlees steel chimney plus i know the codes from when i had this stove previously (2000/2008 with no issues. , but again the surcharge was too high and i took it out. my house is for sale, a real estate broker/ins agent was showing my house and informed on me. red river demanded the 400.00 but i cannot afford to pay so i cancelled my insur on march 3/2016. , plus they wanted me to dismantle my stove. Red river put thru a charge of $383.00 on march 18th. can they back track after i cancelled?. i am on a fixed income. thank you
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

No they cannot charge you for this now.

What would have happened is that if you had a claim they would not have honoured it and so you were essentially living there without insurance. But that doesn't mean they can charge you more.

In fact if you ask the what would have happened had you had a fire and ask if all you would have had to have done is then pay the back charge and the they would have covered you and the answer is no. That would not have worked so there is just no basis for them charging you this now.

Customer: replied 1 year ago.
i know this response is just common sense to you and me. but... is there some law or bylaw or something that i can quote/ show them that would confirm that they are in the wrong and reserve this ?? what is my next step? insurance superintendant? report a theft to rcmp. i refuse to let them push me around.
Expert:  Debra replied 1 year ago.
Are you saying they withdrew this money from your account without consent?
Customer: replied 1 year ago.
the reason they had access to my acct was because i was making monthly payments on my insurance. I cancelled my policy on March 3rd/2016. They would not allow me any more time. They demanded the $400.00, plus i had to dismantle the wood stove.
Expert:  Debra replied 1 year ago.

It won't be considered to be a theft by the police.

But you should report this to the bank. Tell the bank and show them in fact that you signed that authorized the insurance company to take out the funds and make it clear that they were not permitted to take out this other payment and did this without consent and your position is that this was fraud and you want the bank to return the funds to your account.

Then if that doesn't work I do suggest you go to the insurance ombudsman.

And if that doesn't work I suggest you sue the insurance company in Small Claims Court and self-represent.

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