Legal Question in Business Law in Vermont

Refusal to remove person from my insurance

My 20 year old son moved out, and does not drive my car. Geico refuses to remove him from my insurance policy without documentation of other insurance in his name. He is not driving and will not have other insurance. Is this legal? I live in Vermont


Asked on 7/16/08, 2:24 pm

3 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: Refusal to remove person from my insurance

A Strongly worded letter from your attorney should do the trick. Thereafter, an affidavit accompanied by a threat of litigation would make them take a ridiculous position if they refused.

Read more
Answered on 7/16/08, 7:54 pm
Nancy Delain Delain Law Office, PLLC

Re: Refusal to remove person from my insurance

First, I'm not admitted to practice in Vermont, only in New York.

Second, I absolutely disagree with Mr. Anderson's approach to this problem.

Yes, GEICO can refuse to remove a child from a parent's policy if Vermont has a mandatory insurance requirement for drivers (as New York does).

If your son drives any vehicle, he needs to get his own insurance before you can get him removed from your policy. When he has done that, send a photocopy of his insurance card to GEICO with a letter demanding that they remove him from your policy.

If he does not drive at all, he needs to sign an affidavit so stating, sworn before a notary. Send that (keep a copy) to GEICO with a letter demanding that they remove him from your policy.

Whichever you send, send it certified mail return receipt requested. I often make a note on the little green card that comes back to me of what was in the envelope. Keep a record of the certified mail number so you can check its progress and date its receipt online (at www.usps.com).

If at that point GEICO refuses to remove him from your policy, that's the time to hire the lawyer to write that strongly worded letter, threaten litigation and all that mess. Starting with the lawyer letter, though, does nothing but cost you money and irritate the company, both of which are unnecessary, especially if motor vehicle insurance carriers are mandated in Vermont to ensure that every driver in the state is covered (as they are in New York).

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 7/17/08, 2:04 am
Nancy Delain Delain Law Office, PLLC

Re: Refusal to remove person from my insurance

Another solution is to simply have your son pay you the difference between the cost of your insurance policy with him on it and the cost of your insurance policy without him on it. For a 20-year-old, that may be the only way he can afford motor vehicle insurance.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 7/17/08, 2:09 am


Related Questions & Answers

More Business Law questions and answers in Vermont