I have an insurance question... my company says it won't pay unless we sign a form ....?

Question

A form that allows them to go into our Visa records,and all of our past lives... They say it's because in 1999 we had a loss and reported a pair of reading glasses missing, and now we had another pair missing when our car was broken into in 2006...
In Oregon, there is a proposition on the ballot that says poor people are often given this ultimatum, and that it should be illegal for insurance companies to go on "fishing" expeditions in order to decline payment..
What are my options? Do I have to sign this form in order to have my stolen items replaced? I hate being victimized by my own insurance company, and this feels like a bad thing to allow them?
Is there an attorney out there who can speak on this subject? What can I do?

Answer 1

I sold insurance while I was in law school, and I never heard of what you are describing. The insurance company will ask you for your receipts for what you are claiming, which could include your charge slips for those items, but only for those items, not all of your charges.

In order to make a claim, all you have to prove is that you had the property in question, what its value was at the time of loss, (which is often proved with receipts) and that it was lost through a covered hazard.

No, you do not have to sign a form giving them access to all of your records. Even if they went to court, they could not get access to all of your records. It would be way beyond the scope of any action involving this claim. So, those records are irrelevant.

File your claim. Get their form for filing a claim, and fill it out completely. Provide proof of the purchase of the items and proof of their loss. Then demand payment. If you do that to the extent that a reasonable person would believe the claim, then you should be paid. If not, you could sue for your loss and punitive damages for Bad Faith Refusal to Settle. In general, the law is very unfriendly to insurance companies, so if you have a valid claim you will win. Frankly, I doubt they are even asking for the power to review all of your transactions. If they actually went through people's records on a regular basis, there would have been a lawsuit long ago and they would have lost.

However, are you sure that they are not just asking for a release from some of the privacy laws, which say that a commercial company - other than the media - cannot inquire in any way, shape or form into anything related to your personal life or personal information without your signed consent. Frankly, I think you would have signed something like that when you bought the policy. It is similar to the form they have you sign when you go to a doctor or hospital, and the boilerplate that Yahoo includes in the "Terms of Service" when you joined Yahoo Answers.

If that is what they want and you feel it is too broad, then cross out what you don't want to allow them to do, or state exactly what they are allowed to do. For example, they can verify that charge number XYZ dated 1/1/01 to so and so is genuine. Since fake papers are so common nowadays, that may be all they actually want - to verify that your receipt is legitimate. Of course, being a lawyer, I would write such a release in as broad a manner as possible, just to protect myself - I mean my client, which may be the entire problem that we are discussing.

Don't assume some dark and sinister plot is behind the paperwork. Remember that those plots cost money, lots of money, and your claim is probably not for very much. Just paying Visa to produce all of those records would be very expensive, even if no one ever read them. So, from an economic point of view, they have no incentive or desire to engage in such activity, even if the form could be read to give them the power to do that.

Of course, if they really and truly believe that you have been and are engaged in a pattern of insurance fraud, they may deny the claim and ask the police to investigate. Obviously, 2 claims in 7 years would not be enough. However, only you know, if there were a whole lot more claims.

I hope that eases your mind and that it helps.

Answer 2

Tell them in writing you are going to Small Claims Court to sue them since neither the policy nor the amount in question justifies a search into your entire past life.

Have you produced police reports for the two thefts? It should be enough that a fraudulent police report is a felony.

If you don't want to sue, then complain to the state insurance board, the consumer columns of the newspapers.

You can't afford a lawyer for a pair of glasses. It will quite reasonably cost you a few hundred dollars. Or more.

Answer 3

Insurance companies like to look into everything you have ever thought about doing. Laws about privacy (or lack of it) are set by the state. Try your state Attorney General's office. If their office doesn't set laws for and regulate insurance ask which government office does and call it. I have had a bit of luck with my County Attorney's office, too. Find out what the terms of your own policy are, exactly. Learn your rights and protect them. Insurance companies like to crush your rights in the dust, well, just my experience. Good Luck!

Answer 4

Information are always needed for insurance claims. Thus, provide only necessary information on forms being required from you. If abuse is committed, file a case against the company divulging information.

Answer 5

Contact you state's insurance commissioner or attorney general.

Answer 6

BULLSHIT!!! Get an attorney. They don't have any reason to check your credit records.

Answer 7

I am not an Attorney, but I say it's Bullshirt!

Answer 8

Be careful, you might want to consult a lawyer.