Insurance Says You Are Not Covered

Transcript: Hi. I’m Indiana personal injury attorney David Holub.

This video discusses, “What should I do if my insurance company says I’m not covered?”

In Indiana, an insurance company is required to reasonably explain the reason why it is denying a claim. Reasons for denying a claim must be disclosed promptly. Reasons for denying a claim must relate to the specific facts of the claim and an insurance company must state the legal basis for denying a claim or coverage. What if you report a fire loss claim or a car crash claim and the insurance company says, “Your coverage lapsed because we did not get the premium.”

In such situations, it is entirely appropriate to ask the insurance company to explain all the legal grounds and factual grounds for denying a claim and to request that it put such information in writing. Perhaps the premium was paid, but for the wrong amount.

Perhaps premiums were supposed to be automatically deducted from a checking account, but weren’t. It’s also appropriate to ask the insurance company to explain in writing your appeal rights of any decision by the company, and to ask the insurance company for any appeal deadlines. It’s also appropriate, and required in almost every case, to ask the insurance company for a copy of your insurance policy, including all of the attachments and your application for coverage. Frequently, in cases such as the fire loss, the policy has been destroyed in the fire, so you have a right to obtain a new copy of that policy. In the example we gave about an insurance company saying it didn’t get your premium, check the policy for grace period rights to provide late premiums and you may have a right to submit a premium even after the original due date for the premium.

What if you put your request for information from the insurance company in writing? And what if you send it by certified mail so that they can’t deny that they received your writing?

Putting things in writing is a sound and appropriate way to protect your rights. This video is not meant to provide legal advice.

Rather, it hopefully is to let you know that all is not lost if you submit an insurance claim and you hear back from the insurance company, “You’re not covered.” In such a situation, you should always call an experienced attorney to help understand your legal rights.

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