Cancelling auto insurance

[bigbro]

What is the name of your state?
New York state. My spouse and I are at the initial stages of a divorce. She called the insurance company and told them that she sold my car and had no idea of my whereabouts. Both of these statements are false. She knows where I reside and we share custody of our child. I own the car in question. Did she commit insurance fraud by providing knowingly false information to the auto insurer?

 

[seniorjudge]

What is the name of your state?
New York state. My spouse and I are at the initial stages of a divorce. She called the insurance company and told them that she sold my car and had no idea of my whereabouts. Both of these statements are false. She knows where I reside and we share custody of our child. I own the car in question. Did she commit insurance fraud by providing knowingly false information to the auto insurer?

If you own the car and you have the insurance in your name, how could she have committed insurance fraud?

There was no fraudulent transaction; just someone calling up an insurance company and lying...happens all the time.

http://www.ins.state.ny.us/rg204153.htm

"...The Insurance Law does not contain a definition of a 'fraudulent insurance transaction' therefore, one must assume its common sense meaning...."

 

[bigbro]

I appreciate your feedback. What's your expertise? Obviously I have none or I wouldn't be poking around looking for free advice. Your response seems to ignore some facts...
Since we aren't divorced yet, the car is still a marital asset and the insurance is in both our names. She called and told the insurance company we/she no longer owned the car and that she didn't know where I was with the intention of obtaining a pro-rated refund for the unused premium not to mention the harrassment factor. The dictionary definition of fraud is a deliberate deception perpetrated for unlawful or unfair gain. Perhaps I see this through my own perspective, but by falsely claiming the car was sold and asking for the refund of unused premium she filed a knowingly false claim for unfair gain--right?

 

[seniorjudge]

I appreciate your feedback. What's your expertise? Obviously I have none or I wouldn't be poking around looking for free advice. Your response seems to ignore some facts...
Since we aren't divorced yet, the car is still a marital asset and the insurance is in both our names. She called and told the insurance company we/she no longer owned the car and that she didn't know where I was with the intention of obtaining a pro-rated refund for the unused premium not to mention the harrassment factor. The dictionary definition of fraud is a deliberate deception perpetrated for unlawful or unfair gain. Perhaps I see this through my own perspective, but by falsely claiming the car was sold and asking for the refund of unused premium she filed a knowingly false claim for unfair gain--right?

Since we aren't divorced yet, the car is still a marital asset and the insurance is in both our names.

Okay, now you are changing your story.

Start all over again and give us ALL the facts and details.

Two things are obvious that you have not mentioned yet (among other things): did the insurance in fact get cancelled and did she in fact get some money?

 

[seniorjudge]

What is the name of your state?
New York state. My spouse and I are at the initial stages of a divorce. She called the insurance company and told them that she sold my car and had no idea of my whereabouts. Both of these statements are false. She knows where I reside and we share custody of our child. I own the car in question. Did she commit insurance fraud by providing knowingly false information to the auto insurer?

See prior post about filling us in with the details.

 

[stephenk]

what did the carrier say when you told them what your wife did?

 

[bigbro]

I called just to see when my next payment was due. When I gave them the policy number and vehicle description the woman said, you don't even have that car listed on the policy. When I siad, "Excuse me?" she looked at the account history and told me that she should "never have been allowed to do this." The carrier assured me that I was reinstated and infact never was not covered because I caught it quickly enough. I got the impression that the carriers point of view was, "no harm, no foul." My issues are two fold. I am sure now that this will be viewed as harrasment during our divorce proceedings. I am not sure if she committed fraud. Frankly, with all that has gone on, if there was some tangibly fraudulent act, I would report it as it would likely have a positive impact on all of the other things that are happening right now. So back to my origina question...Did she commit insurance fraud by providing false information for the benefit of recieving unused premiums by removing insurance coverage from my vehicle?

 

[seniorjudge]

I called just to see when my next payment was due. When I gave them the policy number and vehicle description the woman said, you don't even have that car listed on the policy. When I siad, "Excuse me?" she looked at the account history and told me that she should "never have been allowed to do this." The carrier assured me that I was reinstated and infact never was not covered because I caught it quickly enough. I got the impression that the carriers point of view was, "no harm, no foul." My issues are two fold. I am sure now that this will be viewed as harrasment during our divorce proceedings. I am not sure if she committed fraud. Frankly, with all that has gone on, if there was some tangibly fraudulent act, I would report it as it would likely have a positive impact on all of the other things that are happening right now. So back to my origina question...Did she commit insurance fraud by providing false information for the benefit of recieving unused premiums by removing insurance coverage from my vehicle?

Let's pull some more teeth:

Two things are obvious that you have not mentioned yet (among other things): did the insurance in fact get cancelled and did she in fact get some money?

You answered the first part of the question: "The carrier assured me that I was reinstated and infact never was not covered because I caught it quickly enough."

Now, please answer the second part...although I am not sure it makes any difference since you also said: "Since we aren't divorced yet, the car is still a marital asset and the insurance is in both our names." In other words, she had the right to cancel the insurance.

 

[bigbro]

Yes, she obviously would have the "right" to cancel the insurance as both ouf our names are on the policy. In excercsing that right, does she or doesn't she have a legal obligation to not misrepresent the status of the car, its ownership, or its current operator(s)? In attempting to cancel the insurance she informed the carrier that we no longer owned the car as it was sold to another party. She did this although she knows full well it was still owned by us(titled in my name although a marital asset), registered to me, and being operated by me. If, in fact, she does have a legal obligation to not make false misrepresentations concerning ownership and operating status of the car, did she commit fraud by making those misrepresentations for the purpose of receiving the unused premium?

 

[stephenk]

did she receive a refund from the carrier for the premium decrease?

 

[seniorjudge]

did she receive a refund from the carrier for the premium decrease?

Obviously writer does not want to answer this since your request was the third (I believe) time he was asked this.

So, bigbro, if you will not answer questions when we are trying to help, then don't expect help.