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My husband and I purchased a time share this past May in…

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My husband and I...

My husband and I purchased a time share this past May in Mexico. I was under the impression that we were to book through interval.com. Unfortunately, that was incorrect, but I did however purchase the insurance. I filed a claim through Allianz and received a decision that regrets that they cannot honor my claim because it was a booking error on my part. I placed a down payment of $358.00 and would like it refunded.

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

We purchased the time share in Mexico in May of 2017. I filed the claim with Allianz 11-7-17 and we live in Missouri.

Lawyer's Assistant: Have you contacted the manufacturer?

I did and was told to file a claim through the insurance that I purchased the day of booking the trip, which I did through Allianz. I just spoke with Heather at Allianz and she said to file an appeal.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Just wanting to file an appeal to get the money refunded please.

Submitted: 7 months ago.Category: Consumer Protection Law
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11/29/2017
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13,333
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience on this.

This appears to be a classic breach of contract if they failed to honor you claim in good faith despite you having a legitimate claim with Allianz. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me today?

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