Liability Insurance and Divorce: Your Right

Questioner

12 years ago, my then husband and I opened a liability insurance policy. 10 years ago I divorced him and indicated to the insurance company that I am divorced. I indicated that everything from my ex had to be stopped. I opened a new insurance policy and thought I was done with it. I now find out that the insurance company has been debiting my ex's policy costs from my account number for 10 years. I contacted them and asked what next. They say that they can't do anything for me and that as of September 1, 2012 no policy costs for my ex will be debited from my account. I have now filed a complaint with their complaints department. I understand that they can't pay back everything in 10 years, but at least the year 2012. Or am I seeing this wrong??

Lawyer

It all depends on whether your ex-husband was the sole policyholder or whether you were also listed on the policy. What you reported to the insurance company 10 years ago is also important. If you were a co-policyholder and you sent a registered letter at the time, in which you asked to cancel the joint insurance, then that is a legally valid cancellation and the insurer must repay the premium collected. If you can prove in another way that you cancelled the insurance 10 years ago (such as a confirmation from the insurer of your non-registered letter). Otherwise, cancellation takes place on the premium due date and if that is 1 September 2012, then the insurance will continue until that date. You do have a claim against your ex-husband for undue payment, if you were not also the policyholder on the insurance policy.