Legal Question in Insurance Law in California
We just received a letter from the insurance company that we had renter's insurance through stating that due to a mistake they made they overpayed us when we cancelled our insurance. Now they are asking us to repay the overpaid amount. Are we required to repay this overpayment?
1 Answer from Attorneys
Overpaid what? A claim that should not have been paid at all because there was no coverage in force? A claim that should have been paid, but was paid at too high a level? A premium adjustment payment that was too high following the cancellation? There are different analyses for all of these scenarios and they turn on additional facts such as what the details of the insurance company's communications were with you during or prior to the time that the payment was made.
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