Legal Question in Civil Rights Law in Louisiana
Who owns ins. check?
I took out an auto ins. policy with State Farm Ins. Co. 1984 with no accidents,no cancellations no late payments and ect.I married in 1992 and added new husband as ''driver''on my existing policy.Until a few weeks ago all was well until someone pulling a unsecured load of used cement blocks lost one and it went thru my windshield and done some damage to glass,husbands ear and interior of truck.(No lein on new truck).Now husband tells me he gets half of the ins. check because its community property.I've already paid out of pocket to fix truck.Is he right or am I the owner of the policy???I can't seem to find an answer to this.Thanks.
2 Answers from Attorneys
Re: Who owns ins. check?
Have your husband file an injury claim against the insurance company of the truck with the unsecured load and he will have some money. If the truck got away, then file an uninsured claim against your insurance and he will get his own money. Then divoce him.
Re: Who owns ins. check?
The check was issued to pay for the vehicle repair and that is what it is to be used for. If you paid for those repairs, it is rightfully yours. The sticky problem is that the insurance company may write the check in both of your names. If they do, you may have to go to court to compel him to sign the check.