Legal Question in Insurance Law in Illinois
My insurance company has been covering my condo for the last 13 years (new complex when I moved in) and it was discovered that I have been over charged because they were charging me for three floors and I have one floor.they were also charging me for the outside of the building (my complex has a blanket policy for the outside coverage). My agent had orginally said that she was going to request a refund, however the home office said NO. Can I take legal action?
2 Answers from Attorneys
You had a duty to review the policy too. Your agent may have direct liability to you if the agent misapplied. Also condo laws have changed with regard to insurance and the policy may have been correct originally but because of the changes it is no longer correct; you had an obligation to look out for your own interests if that was the case and report the changes to your agent or the company. Depending on how much is involved here, you should consider having either a new agent review the situation, or an attorney, but either one will probably want to see the condo documents to see if what was originally issued was correct too. As an insurance policy is a contract, and a renewal is an annual contract, there is a 10 year statute of limitations.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.
You can file a complaint with the Illinois Department of Insurance claiming they are refusing to return unearned premiums for the portion of property already covered by the homeowner association's insurance.
Go to: http://insurance.illinois.gov/Complaints/file_complaint.asp
Steve
Law office of Steven B. Pollack
www.FireClaimLaw.com
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