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AUTO THEFT-LATE PAYMENT-REJECTED CLAIM


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Posted by NANCY on March 30, 2000 at 01:37:38:

FIRST PAYMENT DUE 3/19/00 WAS MAILED LATE (ONE DAY) ON MORNING OF 3/20/00 FOR POLICY PERIOD FROM 3/21/00 12:01AM TO 9/21/00 12:00A.M.

PREVIOUS POLICY PERIOD (SAME COMPANY) COVERED 9/20/99 12:01A.M. TO 3/20/00 12:01A.M. (PAID IN 99)

CAR WAS STOLEN SOMETIME BETWEEN 3/19/00 10:30P.M. SUNDAY AND MONDAY 3/20/00 7:00A.M. MONDAY. IMMEDIATE POLICE REPORT WAS MADE AROUND 8:00A.M. THAT MORNING. WE HAVE LOJACK. OFFICER SAID LOJACK UNIT (CAR LOCATING STOLEN VEHICLES) WOULD BE ACITVATED AT RANDOM TIME AND AT POLICE DEPARTMENT EQUIPT WITH LOJACK UNITS.
INS. CO WAS NOTIFED THAT A.M.

LOS ANGELES POLICE (NOT OUR LOCAL) CALLS EARLY THAT AFTERNOON 3/20 (MONDAY) AND TELLS US CAR HAS BEEN LOCATED SOMEWHERE IN SOUTH CENTRAL AND IMPOUNDED.
I PAY $135. IMPOUND AND PICK UP CAR THAT DAY.
THE DAMAGE I NOTICED AT THAT TIME WAS MINIMAL. THE IGNITION WAS PUNCHED OUT, WINDOW TAB BROKEN AND DOOR LOCKS TAMPERED. LATER THAT WEEK MY SON POINTED OUT THE INTERIOR ROOF WAS GRAFFITIED. MY HUSBAND NOTIFIED THE ADJUSTER. THE ADJUSTER SENT AN APPRAISER OUT TO BODY SHOP THE FOLLOWING MONDAY 3/27. ON TUE. 3/28, I WENT TO THE BODY SHOP TO LOOK FOR SOME ITEMS THAT MIGHT HAVE BEEN IN THE CAR. MY 10 YEAR NOTICE THE BACK OF THE PASSENGER SEAT (HER USUAL PLACE SHE SITS) WAS PULLED OUT. I THEN NOTICED THE BACK LEFT AND RIGHT FENDERS AND CAR WERE DENTED AND SCRATCHED WITH PAINT IN ADDITION TO SCREWDRIVER MARKS ON THE RIGHT WINDOW PANEL. THE BODY SHOP MGR. SAID THE APPRAISER DID NOTICE THE DAMAGE TO THE LEFT BACK BUT DIDN'T INCLUDE IT IN THE APPRAISAL BECAUSE IT WASN'T MENTIONED BEFOREHAND. THE SHOP MGR. SUGGESTED I CALL AND INFORM THE ADJUSTER OF THE OTHER DAMAGE. I CALLED AND THE PHONE JUST RANG AND RANG WITHOUT EVEN VOICE MAIL. THE BODY SHOP STATED THEY WOULD ALSO PLACE A CALL. THE ADJUSTER HAD EARLIER TOLD MY HUSBAND THAT THERE ARE OFTEN AMENDED DAMAGE REPORTS AND IT WASN'T A BIG DEAL.
(I CAN'T, FOR THE LIFE OF ME, EXPLAIN WHY I COULDN'T SEE THE OBVIOUS DAMAGE. MY KIDS ARE SHARPER THAN I THOUGHT.)
LATER THAT DAY MY HUSBAND IS NOTIFIED BY THE ADJ.THAT THE INS. CO. WILL NOT COVER THE DAMAGES DUE TO LATE PAYMENT RECIEVED ON 3/22.. MY HUSBAND DEMANDED TO SPEAK TO A SUPERVISOR, THE ADJ. STATES THERE IS NOT A SUPERVISOR AROUND. HE STATED HE WANTED TO CANCEL POLICY IF THE CLAIM WAS BEING REJECTED, THE ADJUSTER SAYS IT'S NOT HER DEPARTMENT. THEN SHE TOLD HIM SUPERVISOR WAS THERE (MAGICALLY), AND THAT THE SUPERVSR SAID THE CLAIM WOULD BE SENT TO FACTFINDERS (??)WITH A FINAL RESPONSE TO MY HUSBAND REGARDING THE CLAIM IN 2 WEEKS. WE WERE NOT ALLOWED TO SPEAK TO ANYONE ELSE NOR HAS ANY SUPERVISOR CALLED US.

***GOING OVER MAIL TONIGHT I OPENED A LETTER FROM THE INS. CO. WHICH THEY MAILED ON 3/23/00 WHICH WAS A RENEWAL POLICY DECLARATION EFFECTIVE 3/21/00 COVERING POLICY PERIOD FROM 3/21/00 12:01AM TO 9/21/00. THE SAME DOCUMENT STATES,"THIS RENEWAL (POLICY)DECLARATIONS PAGE REFLECTS A LAPSE IN COVERAGE, IF ANY, AND ALL OTHER CHANGES." THIS DEC IS TO SUPERCEDE PREVIOUS DECLARATIONS".
FROM THIS I KNOW THAT THE INS. CO. HAD ACKNOWLEDGE RECIEPT OF OUR LATE PAYMENT ON 3/21 OR 3/22 AND CHOSE TO CONTINUE OUR COVERAGE WITHOUT APPLYING A LAPSE IN COVEREAGE. I NOW THINK THAT ONCE THEY FOUND OUT THERE WAS CLAIM FOR LOSS, THEY MADE A DELIBERATE CHOICE TO ACT IN BAD FAITH AND DENY THE CLAIM.

QUESTION:
-SHOULD NOT THIS NEW POLICY DECLARTION APPLY. WE HAVE YET TO RECIEVE ANY OFFICIAL TYPE IF NOTICE OF LAPSE OF COVERAGE BEFORE THE DATE THAT PRECEDES THE NEW POLICY DECLARATION MAILED 3/23 STATING EFFECTIVE 3/21.
-CAN THE INS. CO. CHANGE THIS POLICY DECLARATION AGAIN FOR THEIR BENEFIT OF REJECTING THE CLAIM?
-DOES THE OLDER POLICY PERIOD TO 3/20/00 1201AM COVER SINCE WE DON'T KNOW EXACTLY WHAT TIME CAR WAS TAKEN? ADJUSTER SAYS IT DEPENDS ON THE DATE CLAIM WAS MADE. IF CAR WAS STOLEN ON SUNDAY NIGHT AND INS. NOT AVAILABLE, HOW ARE WE TO MAKE CLAIM?
-SHOULD NOT THE NEW DECLARATION APPLY? WE HAVE YET TO BE NOTICED OF ANY LAPSE IN COVERAGE REGARDING THIS TIME PERIOD. TODAY IS WEDNESDAY 3/29, CAN THEY CHANGE THE NEW POLICY?
-DOES THE 10 DAY GRACE PERIOD APPLY? THERE IS NO LIEN-HOLDER, WE OWN OUR CAR. THE LOSS PAYABLE ENDORSMNT READS,
"WITH RESPECT TO THE INTEREST OF LOSS PAYEE NAMED, ITS SUCCESSOR AND ASSIGNS,(HERINAFTER CALLED LIEN HOLDER)IN ITS CAPACITY AS COND. VENDOR/MORTGAGEE OR OTHERWISE, THIS CO. HEREBY AGREES:.."
IT CONTINUES ON TO THE RIGHTS OF THE LIEN HOLDER AND THEIR RIGHT TO NOTICE OF CANCEL CONCURRENT WITH NOTICE MAILED TO THE INSURED OF CANCELATION 10 DAYS THEREAFTER, UNTIL SUCH TIME THE POLICY TO CONTINUE IN FORCE AND EFFECT.
-DOES THE FIRST STATEMENT MEAN RIGHTS OF NOTICE APPLY TO INSURED IF THERE IS NO LIEN HOLDER?

SOS-MAYDAY. THANKS. SEWGOWN @ AOL
ANYONE OUT THERE. PLEASE RESPOND SOON.

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