My question involves business law in the state of: California
I am an insurance Broker. A Managing General Agent (MGA) that I work with is stating that their commercial auto policy automatically renews. They state that the automatic renewal obligates the named insured (consumer and my client) to pay the policy premium or they will have a collections claim filed against them.
They are currently trying to collect on a policy that automatically renewed back in 7/19/2019. I was just contacted by the MGA on 6/2/2020 stating the client owes the premium.
The named insured never signed any renewal documentation, they also never submitted a payment to activate the renewal. The MGA states that this does not matter, the only way to stop the automatic renewal is to submit proof that the named insured purchased an auto insurance policy with another carrier. My client did not because he went out of business.
I asked the MGA to send me any document or policy endorsement that allows them to auto bind a renewal, they stated that their manager emailed our office in 2017 which was the notice that auto polices under $10K in premium will auto renew.
My question. Can an MGA or insurance company bind a renewal and compel the named insured to pay the premium for a policy they do not want, did not sign a renewal proposal for, and did not make a deposit on?
Also, can an MGA or insurance company refuse to flat cancel a policy, with the circumstances listed above, unless proof of replacement coverage is submitted? Thank you.