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A Bad Decision from West Virginia – Insurance Coverage for Free

December 11, 2005 by Jonathan Stein

As you probably know from reading this blog, I am pr0-consumer. I believe that the insurance companies do not hold up their end of the bargain – primarily through treating their customers poorly.

However, there is a time and a place when the insurance companies end up with a bad ruling from a court. This West Virginia ruling is one of those times. (Forgive me for sending you to a wrestling forum, but I will summarize the ruling here.)

A woman in West Virginia goes to buy an insurance policy. She writes a bad check to cover the premium. The insurance company issues the policy, and then the woman’s check bounces. The insurance company sends her a notice letting her know that her policy is not effective. However, before the notice was sent, but after she received the policy, she was in an accident. A West Virginia appeals court now says that the insurance company must provide coverage to her.

Let me see if I understand this. She tried to buy a policy with a bad check, and now she gets to have the policy – even though she has not paid for it. This is like going to a store to buy a television, writing a bad check, and then being able to keep the television. It makes no sense.

I understand the insurance company has to provide 10 days notice to the insured before cancelling the policy. There are some good reasons for that. However, in this case, the woman never bought the policy. You cannot buy a policy that you do not pay for. It just makes no sense.

Oh well. Hopefully the West Virginia Supreme Court will overturn this ridiculous decision.

Categories: Auto Insurance, Insurance Operations, Law

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