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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33928
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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My insurance company just denied a claim saying I wasn't

Customer Question

My insurance company just denied a claim saying I wasn't insured yet they continued to Bill me and premiums were paid on time. My car insurance is with State Farm. In July my car was totaled in a storm. They paid the claim and took possession of that car. I purchased a new car and was told by the dealership they would send the information about the new car to state farm. They did not. State Farm may not have received the new car information but they continued to Bill my monthly premium. This led me to the reasonable assumption that the new car had the same insurance because they knew I no longer had the old car, again, they took possession of that ar. In September the new car was in a hail storm. They are denying that claim even though my insurance was paid in full.
JA: Has anything been filed or reported?
Customer: Yes they denied the claim
JA: Anything else you want the lawyer to know before I connect you?
Customer: I spoke to the agent today who agreed that because Statefrm continued to Bill me it was reasonable for me to believe I had coverage and no further action was required
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 11 months 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.

Expert:  Dwayne B. replied 11 months ago.

Is there a specific question with which I could assist?

Customer: replied 11 months ago.
I believe that state farm should pay the claim against a policy that was paid in full. Their reasoning is that they didn't have the specific information for the car but that didn't stop them from billing me. Do I have a case?
Expert:  Dwayne B. replied 11 months ago.

Based on the facts that you have given then you should have a case for breach of contract as well as for bad faith on the part of the insurance company if you have made a claim for the damages and the claim has been denied.

You want to make sure that you have made the claim in writing and have provided sufficient information for them to not be able to claim they didn't have sufficient information to make a decision. Once that is done, and it may have already been done but I can't tell from your facts, then that is all you need to justify the lawsuit and the causes of action described above.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 11 months ago.
I just received a call from American Express and approved the $59 charge for the call.
Customer: replied 11 months ago.
Will you be calling or should I stop payment of the charge?
Expert:  Dwayne B. replied 11 months ago.

I don't do telephone calls, I only work through this type of forum but some of the other experts do.

However, there is something you will have to do now to get the payment issue corrected if you still want a call. You can contact the customer support at *****@******.*** and they can tell you how to correct it.