Renewal Notices Sent Electronically Are Legal, Approved by the State and Effective
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Washington state law allows insurers to deliver insurance notices and documents electronically if the party has affirmatively consented to that method of delivery and has not withdrawn the consent. The Plaintiffs argued that the terms and conditions statement was not “conspicuous” because it was hidden behind a hyperlink included in a single line of small text. The court found that the statement was sufficiently conspicuous as it was bolded and set off from the surrounding text in bright blue text.
In James Hughes et al. v. American Strategic Insurance Corp et al., No. 3:24-cv-05114-DGE, United States District Court (February 14, 2025) the USDC resolved the dispute.
The court’s reasoning focused on two main points:
1 whether the Plaintiffs’ consented to receive electronic notices and
2 whether the notice provided by ASI satisfied Washington law.
Consent to Receive Electronic Notice
The court found that the terms and conditions statement was clear in informing the Plaintiffs that they were consenting to receive insurance policy documents electronically.
Whether the Notice Satisfied Washington Law
Washington law requires insurers to renew any insurance policy unless they have communicated their willingness to renew in writing to the named insured at least twenty days prior to its expiration date and included a statement of the amount of the premium required to be paid by the insured to renew the policy. The USDC found that ASI’s renewal notice, which was emailed to the Plaintiffs on July 15, 2022, complied with these requirements because the notice came 61 days before the renewal deadline and stated the amount required to be paid to maintain the policy.
The USDC noted that although ASI’s system of attaching renewal notices in lengthy packets was not ideal, it did not violate the law. The court also noted that insureds in Washington have an affirmative duty to read their policy and be on notice of its terms and conditions.
The Renewal Premium Notice
A “Renewal Premium Notice” was contained in the packet attached to the email. In relevant part, the Notice stated: “To accept this renewal offer and maintain your coverage, please pay the minimum amount due shown below.” The Notice listed “total amount due” as $1,471.00 and listed September 14, 2020, as the “due date.”
Plaintiffs did not pay the renewal by September 14, 2022, and the policy lapsed.
Plaintiffs’ house was destroyed by a fire on August 11, 2023 almost a year after the due date with no attempt made by Mr. Hughes to pay the premium.
When Mr. Hughes called to report the claim on August 12, 2023, he was informed that the policy had lapsed. Plaintiffs alleged that they incurred $750,000 in damages for the loss.
DISCUSSION
The USDC noted that the Plaintiffs were actually aware that they were receiving renewal notices by email. Indeed, the terms and conditions statement uses the words “insurance policy documents” three times, making it clear that the “types of notices and documents” contemplated are those that pertain to the signor’s insurance policy.
Mr. Hughes confirmed receipt of the July 15, 2022, email containing the renewal packet. The “Renewal Premium Notice” in the packet instructed Plaintiffs to pay the minimum amount due to maintain their coverage and listed “total amount due” as $1,471.00. Since the notice came in 61 days before the renewal deadline and stated the amount required to be paid in order to maintain the policy it complied with Washington law.
Plaintiffs’ policy validly lapsed when they did not make the renewal payment.
ZALMA OPINION
Mr. Hughes agreed to accept all communications from ASI electronically and admitted that he received the communication stating when, and how much, he needed to pay to renew his policy. He did not pay the premium and the policy lapsed. ASI even wrote to Hughes about the lapse and he did nothing to renew the policy or find a new policy. I would feel for the man if he did not receive the notice but he admitted he received it and claimed that the premium requirement was hidden from his view even though it was made bold and in blue, ASI wrote to him to explain the lapse and so did his agent.. He had no one to blame for the loss except himself.
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Concealing a Weapon Used in a Murder is an Intentional & Criminal Act
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In Howard I. Rosenberg; Kimberly L. Rosenberg v. Chubb Indemnity Insurance Company Howard I. Rosenberg; Kimberly L. Rosenberg; Kimberly L. Rosenberg; Howard I. Rosenberg v. Hudson Insurance Company, No. 22-3275, United States Court of Appeals, Third Circuit (February 11, 2025) the Third Circuit resolved whether the insurers owed a defense for murder and acts performed to hide the fact of a murder and the murder weapon.
FACTUAL BACKGROUND
Adam Rosenberg and Christian Moore-Rouse befriended one another while they were students at the Community College of Allegheny County. On December 21, 2019, however, while at his parents’ house, Adam shot twenty-two-year-old Christian in the back of the head with a nine-millimeter Ruger SR9C handgun. Adam then dragged...
Rescission in Michigan Requires Preprocurement Fraud
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Lie About Where Vehicle Was Garaged After Policy Inception Not Basis for Rescission
This appeal turns on whether fraud occurred in relation to an April 26, 2018 renewal contract for a policy of insurance under the no-fault act issued by plaintiff, Encompass Indemnity Company (“Encompass”).
In Samuel Tourkow, by David Tourkow v. Michael Thomas Fox, and Sweet Insurance Agency, formerly known as Verbiest Insurance Agency, Inc., Third-Party Defendant-Appellee. Encompass Indemnity Company, et al, Nos. 367494, 367512, Court of Appeals of Michigan (February 12, 2025) resolved the claims.
The plaintiff, Encompass Indemnity Company, issued a no-fault insurance policy to Jon and Joyce Fox, with Michael Fox added as an additional insured. The dispute centers on whether fraud occurred in...
A True Crime Story of Insurance Fraud
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This is a fictionalized true crime story of insurance fraud explaining why insurance fraud is a “Heads I Win, Tails You Lose” situation for insurers. The story that follows is designed to help everyone understand how insurance fraud in America is costing everyone who buys insurance thousands of dollars every year and why insurance fraud is safer and more profitable for the perpetrators than any other crime.
The jeweler had learned to cut diamonds in Antwerp. For ten years he worked in a small office grinding facets onto stones of half a carat or less. The boredom of the job infuriated him. He had no future.
He decided to immigrate to the United States where he could use his skills. He turned his savings into small diamonds which he purchased below wholesale from...
Insurance Fraud Leads to Violent Crime
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CRIMINAL CONDUCT NEVER GETS BETTER
In The People v. Dennis Lee Givens, B330497, California Court of Appeals, Second District, Eighth Division (February 3, 2025) Givens appealed to reverse his conviction for human trafficking and sought an order for a new trial.
FACTS
In September 2020, Givens matched with J.C. on the dating app “Tagged.” J.C., who was 20 years old at the time, had known Givens since childhood because their mothers were best friends. After matching, J.C. and Givens saw each other daily, and J.C. began working as a prostitute under Givens’s direction.
Givens set quotas for J.C., took her earnings, and threatened her when she failed to meet his demands. In February 2022, J.C. confided in her mother who then contacted the Los Angeles Police Department. The police ...
Police Officer’s Involvement in Insurance Fraud Results in Jail
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Von Harris was convicted of bribery, forgery, and insurance fraud. He appealed his conviction and sentence. His appeal was denied, and the Court of Appeals upheld the conviction.
In State Of Ohio v. Von Harris, 2025-Ohio-279, No. 113618, Court of Appeals of Ohio, Eighth District (January 30, 2025) the Court of Appeals affirmed the conviction.
FACTUAL BACKGROUND
On January 23, 2024, the trial court sentenced Harris. The trial court sentenced Harris to six months in the county jail on Count 15; 12 months in prison on Counts 6, 8, 11, and 13; and 24 months in prison on Counts 5 and 10, with all counts running concurrent to one another for a total of 24 months in prison. The jury found Harris guilty based on his involvement in facilitating payments to an East Cleveland ...
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To Dispute an Arbitration Finding Party Must File Dispute Within 20 Days
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EXCUSABLE NEGLECT SUFFICIENT TO DISPUTE ARBITRATION LATE
In Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, No. 4D2023-2720, Florida Court of Appeals, Fourth District (January 22, 2025) the Housens appealed a final judgment in their breach of contract action.
FACTS
The Housens filed an insurance claim with Universal, which was denied, leading them to file a breach of contract action. The parties agreed to non-binding arbitration which resulted in an award not
favorable to the Housens. However, the Housens failed to file a notice of rejection of the arbitration decision within the required 20 days. Instead, they filed a motion for a new trial 29 days after the arbitrator’s decision, citing a clerical error for the delay.
The circuit court ...
