Ask An Expert

While this sounds more like a legal or contractual issue, as far as an insurer would go, I would opine that you did receive a renewal policy that reflected the new premium, since that is the standard practice and by making payment on that policy you accepted the terms it set forth. Not trying to play attorney by any stretch of the immigration, however that would likely be the position the insurer would take. Having said that, an email to the agent or insurer demanding money back with the threat of escalation may sometimes help you in your efforts to get premium paid back. Additionally, if you have obtained other coverage during the time period you were covered by the insurer, that too will assist you in obtaining a refund.

Karl Susman

Under the California Insurance Code, if an insurer does not give the insured a renewal offer, then “the existing policy, with no change in its terms and conditions, shall remain in effect for 45 days from the date that either the offer to renew or the notice of nonrenewal is delivered or mailed to the named insured.” Cal. Ins. Code Section 678(b). So, here, if the insurer truly did not send a renewal notice, then it should not have been permitted to charge any higher premium than it did previously until it provided the required notice. Consequently, if the insurer charted and kept extra premium prior to giving the required notice, that money might be recoverable from the insurer.

Also, if you are paying your new insurer more than what you were paying your old insurer before the increase, you might be entitled to recover the difference between the two for the amount of time that passed before the old insurer gave the proper renewal notice. The argument there is that you would not have switched carriers until a later date, so your premiums would have stayed lower during that time.