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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Default Denial of Insurance Coverage Due to Wrong Application Form

    My question involves insurance law for the state of: Colorado and Hawaii

    Say you are moving internationally and the moving company offers you insurance to cover your items. They email you the forms and fill them out correctly and pay the cost. Something happens to your stuff and you file a claim. You get denied because the moving company made an admin error and gave you their old insurance companies outdated forms. They might have been able to cover you had the legal terminology been the same as the forms you should have gotten, but being that it wasn't, you did not have the forms filled out correctly for that insurance companies requirements. Of course the moving company admits to the admin error but wont help.

    What would this be called? Negligence, breech of contract, fraud, bad faith? Clearly they are at fault, but I am not sure what to call it.
    thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Would These Be Fraud or Breech or Negligence

    They gave you their own forms, or they gave you the forms of another company and said, "You can use this insurance company"? The forms were returned to them, or to the third party insurance company? Was payment made for the insurance? Was it accepted? By whom? When and how did the person who is moving first learn of the problem with the application?

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Denial of Insurance Coverage Due to Wrong Application Form

    The movers are an agent of North American so they gave us forms for North American Insurance. Our credit card charge form was from North American. The terminology at the end of the forms I filled out was "I agree to the contract between me and North American International". Oh and I have since found out that the forms were not only outdated BUT missing the first 2 pages that explains the plans and instructions. (the forms were emailed to me so I can prove that) That took a lot of research and digging on my part, let me tell you!

    Here is how it works. Basically you are required to fill out a Valued Inventory form at the time your items are being packed. The new forms are very clear that you must list everything in detail along with the value and that whatever you listed as value, you would not get more than that so to be accurate as possible and if something isn't listed you don't get covered so be very detailed right down to brand names. First, They did not give me the forms until 2 weeks after my stuff was picked up. And these old forms did not have those instructions, it had no instructions just the list that you are supposed to fill out Since the stuff was already gone, The lady told me to just use the movers packing forms to fill out the VI and estimate value. The movers forms were very vague "Box of kitchen items" "Living Room stuff" "Wedding Stuff" and of course since the stuff was gone I had no idea what was in any of those boxes. SO I filled out what I could and just attached that list.

    So when I submitted a claim for my items, they were not covered because we did not list them prior. We were told to file the claim with Executive and they told us immediately, that the forms did not contain the right information in the format they require. She told me it IS common for them to receive forms from other companies because if something happens, you would go to the insurance of the person who damaged your items and that may not be the person you contracted since international moves involved up to 5 companies. However, the forms are all usually the same, and this one was so old AND missing crucial pages, she even said that the forms were terrible and not what we should have gotten.

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