Void Ab Initio: An Unfair Legal Fiction

You would think that a contract is a contract is a contract. We expect parties to uphold their ends of a contract whenever they enter into them.

Unfortunately, that is not the case with some insurance companies.

I will not mention specific insurance companies, but some insurance companies try to weasel out of claims by using a process called “void ab initio.”

Void ab initio is a legal fiction that allows one party to a contract to pretend that the contract never existed. Some insurance companies use this legal fiction in order to avoid an insurance contract rather than paying the value of claims when they occur.

What happens in a void ab initio action is the insurance company returns all your policy premiums and then pretends that your insurance policy never existed because it  supposedly never would have written your policy if it had known about certain facts.

Those insurance companies will happily take your insurance premium monies for years until you  or somebody else makes a claim. After you or someone else makes a claim, the insurance company holds what is called an Examination Under Oath (“EUO”) EUO in order to  discover something that would allow them to void your policy contract. The insurer is often looking for a way to deny your claim if it holds an EUO.

Sometimes they will do it based upon just a recorded statement.

So what do the insurance companies look for?

Well, it can be as simple as somebody who lives in your home that you did not disclose to your insurance agent when you got the policy. I have seen insurance companies  deny coverage because the insured party did not disclose that they had children of 15 years or older living with them, live with their parents, had roommates, or anything else that would raise the premium by such an insignificant amount is $10 (or maybe less) per policy period.

I have also seen this occur once somebody has changed their address without notifying the insurance company.

One insurance underwriter admitted during her deposition that her insurance company was engaging in what is called “post-claims  underwriting.” All that means is the insurance company  is trying to reach back in time in order to say they would not have underwritten your policy had they known about some fact.

So you didn’t tell your insurance company that you drive for Uber or Lyft when you took out the policy? Get ready for a denial. Nothing is covered. Your policy is voided. It’s as if it never existed.

In my opinion is that it’s an underhanded way  of denying claims instead of paying them. It is usually the lower-tier insurance companies that act this way. They will literally try to void your policy for any reason they can rather than paying thousands of dollars to pay your claims.

However, many times it is the insurance agent who fills out  the  insurance company’s initial policy application. This is particularly  true when it comes to immigrants, poor people, and others who do not have the best reading skills. Sometimes the insurance agent, claims adjuster, or underwriter do themselves not understand questions the these applications ask. If the insurance company representatives do not understand their own applications, then how are common  citizens expected to do so?

Here is how to avoid the most common void ab initio traps:

  • List everybody  who lives in your household. It does not matter that they have their own insurance.  It does not matter if they will never drive your car.List them anyway. You can exclude those people from your policy, but they can never drive your car, even in an emergency. You can also list some people as what are called “permissive drivers” if they drive your car on a frequent basis.
  • Tell your insurance company if somebody moves in with you too. You can add or exclude them from your policy. You can’t ever let an excluded person drive you car, though, because that will result in a denial or reduction of coverage.
  • Make sure that your  insurance company knows exactly where you live. I am frequently surprised when my clients do not update their  insurance companies about their addresses. An insurance company will Void ab Initio your policy in a heartbeat when you move to a higher risk area, and there is no way for you to tell if you live in a higher risk area. This is called “garaging.”
  • You must tell your insurance company if you drive or start driving for Uber or Lyft (even part-time), deliver  food  or people for money, or otherwise use your car for any business other than driving to and from work.
  • Please tell your insurance company about all crashes that you have been in. One favorite tactic is for your insurance company to run a report on you after somebody makes a claim in order to say they would not have issued a policy to you had they known about your loss history.

Void ab initio is a tool that insurance companies often use in order to deny claims that they should have paid. Do not give the insurance company any ammunition to claim that it would not have written  your policy if it had known about some circumstance that you do not think is important.

It’s all important.

The insurance company denying your claim is bad enough, but it gets even worse, because the State of Florida can suspend your license because you got into a crash and did not have insurance—even though you did. How unfair is that? Yet it happens frequently in Florida.

Avoid a void ab initio problem by following my advice.

Kindest regards,

Christopher R Dillingham II, Esquire

544 Replies to “Void Ab Initio: An Unfair Legal Fiction”

  1. I was curious if you ever thought of changing the page layout of your site?
    Its very well written; I love what youve got to
    say. But maybe you could a little more in the way of content so people could connect
    with it better. Youve got an awful lot of text for only having one or 2 pictures.
    Maybe you could space it out better?

  2. I believe this is among the so much important information for me.
    And i am happy reading your article. But wanna remark on few common things, The web site taste is great, the
    articles is in reality great : D. Just right process, cheers

  3. Hello there! Would you mind if I share your blog with my myspace group?
    There’s a lot of folks that I think would really appreciate your content.
    Please let me know. Cheers

  4. Hey excellent blog! Does running a blog similar to this take a massive amount work?
    I’ve virtually no knowledge of programming but I was hoping to start my own blog soon. Anyways, if you have any suggestions or techniques for new blog owners please share.
    I understand this is off subject but I just wanted to ask.
    Thanks!

  5. We’re a bunch of volunteers and starting a new scheme in our community.
    Your website provided us with useful info to work on. You’ve performed an impressive process and our entire group will
    likely be grateful to you.

  6. Thanks a lot for providing individuals with such a pleasant possiblity to read from here. It is always very nice and stuffed with a lot of fun for me and my office acquaintances to search your website no less than 3 times per week to see the fresh stuff you will have. And lastly, I am just at all times contented with the gorgeous concepts you serve. Some two tips on this page are certainly the most efficient we’ve had.

  7. I want to express some thanks to this writer for bailing me out of this type of difficulty. After surfing through the world wide web and seeing solutions which are not pleasant, I figured my life was done. Living minus the approaches to the problems you have solved by way of the write-up is a crucial case, and the kind which might have in a wrong way damaged my career if I had not discovered the blog. Your actual knowledge and kindness in controlling every item was invaluable. I don’t know what I would’ve done if I had not discovered such a stuff like this. I can at this point relish my future. Thanks a lot so much for the expert and sensible help. I will not be reluctant to recommend the website to any person who requires guide on this topic.

  8. This is very interesting, You are a very skilled
    blogger. I’ve joined your rss feed and look forward to seeking more of your excellent post.
    Also, I have shared your site in my social
    networks!

  9. I’m not that much of a internet reader to be honest but your sites really nice, keep it up!

    I’ll go ahead and bookmark your website to come back in the future.
    Many thanks

  10. This is the perfect webpage for anybody who
    hopes to understand this topic. You understand so much its almost tough to argue with you (not that I personally will
    need to…HaHa). You certainly put a fresh spin on a subject that
    has been written about for years. Great stuff, just wonderful!

  11. I wanted to send a small remark in order to thank you for these nice ideas you are writing on this website. My extensive internet lookup has finally been recognized with good facts and strategies to talk about with my company. I ‘d say that we site visitors actually are truly fortunate to exist in a perfect site with very many special professionals with very beneficial techniques. I feel very fortunate to have discovered your entire web site and look forward to really more cool moments reading here. Thanks once more for a lot of things.

  12. I know this if off topic but I’m looking into starting my own blog and
    was curious what all is needed to get set up? I’m assuming having
    a blog like yours would cost a pretty penny? I’m not very web savvy so
    I’m not 100% positive. Any recommendations
    or advice would be greatly appreciated. Thanks

  13. I needed to draft you this very small remark to finally give many thanks once again about the fantastic knowledge you’ve discussed on this site. It is remarkably generous of people like you giving easily what exactly a few individuals would have distributed as an electronic book in order to make some dough for themselves, precisely seeing that you might well have done it if you ever desired. Those inspiring ideas as well acted like a fantastic way to understand that other people have the identical eagerness just like my very own to grasp lots more with regard to this matter. I believe there are several more pleasurable moments in the future for many who see your blog.

  14. Needed to put you one tiny observation to finally give many thanks again with your wonderful tricks you’ve documented on this page. This has been quite extremely generous of you to give easily all a number of people could possibly have offered for sale for an electronic book to help with making some dough for themselves, even more so considering the fact that you could possibly have tried it if you ever wanted. The suggestions likewise served as a easy way to be aware that other individuals have the identical desire just as my personal own to figure out good deal more with respect to this issue. I’m certain there are numerous more pleasant situations ahead for individuals who look into your website.

  15. With havin so much content and articles do you
    ever run into any problems of plagorism or copyright violation? My site has a lot of
    exclusive content I’ve either created myself or outsourced but it looks like
    a lot of it is popping it up all over the internet
    without my permission. Do you know any techniques to help protect against content from being ripped off?
    I’d really appreciate it.

  16. Greetings, I believe your blog may be having internet browser
    compatibility problems. When I take a look at
    your website in Safari, it looks fine however when opening in IE,
    it has some overlapping issues. I simply wanted to give you a quick heads up!
    Aside from that, great blog!

  17. Very nice post. I just stumbled upon your blog and wanted to say that I have really enjoyed browsing your blog posts.
    In any case I will be subscribing to your rss feed and I hope you write
    again very soon! adreamoftrains website hosting companies

  18. I simply couldn’t leave your web site prior to suggesting that I actually
    loved the standard information an individual supply to your guests?
    Is gonna be again often in order to inspect new posts

  19. Hi are using WordPress for your site platform?
    I’m new to the blog world but I’m trying to get started and set
    up my own. Do you require any html coding expertise to make your own blog?

    Any help would be really appreciated!

  20. Thank you so much for giving everyone an extraordinarily memorable possiblity to read from this blog. It’s usually so good plus stuffed with a good time for me and my office friends to search the blog nearly three times in 7 days to find out the latest secrets you have. And of course, I’m just always fulfilled concerning the unique thoughts you serve. Some 1 facts in this article are without a doubt the most impressive we’ve had.

  21. Hi, i think that i saw you visited my site thus i came to “return the favor”.I’m trying to find things to enhance
    my website!I suppose its ok to use a few of your ideas!!

  22. Howdy! I know this is somewhat off topic but I was wondering which blog platform
    are you using for this site? I’m getting sick and tired of
    Wordpress because I’ve had problems with hackers and I’m looking at options for another platform.
    I would be fantastic if you could point me in the direction of a good platform.

  23. Hey there! Do you know if they make any plugins to assist with Search Engine Optimization? I’m trying to get my blog to rank for some targeted keywords
    but I’m not seeing very good gains. If you know of any please
    share. Thank you!

  24. I want to point out my love for your kindness giving support to those people that actually need help on this idea. Your personal dedication to getting the solution all through turned out to be quite interesting and has surely empowered girls like me to realize their dreams. This helpful tips and hints entails so much a person like me and especially to my mates. Thanks a ton; from everyone of us.

  25. Excellent beat ! I would like to apprentice while you
    amend your site, how can i subscribe for a blog website?
    The account helped me a acceptable deal. I had been tiny bit acquainted of this your broadcast offered bright clear idea

  26. I just wanted to post a comment to be able to thank you for some of the magnificent guidelines you are giving out at this site. My time intensive internet look up has at the end of the day been rewarded with professional ideas to write about with my family. I ‘d repeat that most of us visitors are very much endowed to exist in a remarkable community with so many marvellous individuals with very helpful concepts. I feel extremely privileged to have come across the webpages and look forward to so many more entertaining times reading here. Thanks a lot once again for everything.

  27. I in addition to my guys were actually viewing the good key points from your web site and instantly I had a terrible feeling I never expressed respect to the website owner for those secrets. All of the men appeared to be for that reason warmed to see all of them and now have unquestionably been tapping into those things. We appreciate you getting quite accommodating and for making a choice on this sort of impressive subject areas most people are really desirous to discover. My honest apologies for not expressing appreciation to sooner.

  28. Hey very nice website!! Man .. Beautiful .. Amazing .. I will bookmark your site and take the feeds also…I’m happy to find numerous useful information here in the post, we need develop more techniques in this regard, thanks for sharing. . . . . .

  29. Hi, i believe that i noticed you visited my weblog thus
    i came to return the prefer?.I am attempting to in finding issues to enhance my
    website!I guess its good enough to make use of a few of your ideas!!

  30. Hi, I do think this is an excellent site. I stumbledupon it 😉 I
    will revisit yet again since I book-marked it. Money and freedom is the best way to change, may you be
    rich and continue to help other people. 2CSYEon cheap flights

  31. Hey! I just wanted to ask if you ever have any issues with hackers?
    My last blog (wordpress) was hacked and I ended up losing several weeks of hard work due to no back up.
    Do you have any solutions to stop hackers? 31muvXS cheap flights

  32. Howdy, I think your website could be having internet browser compatibility problems.
    When I look at your blog in Safari, it looks fine however when opening in Internet Explorer, it’s got some overlapping issues.

    I merely wanted to provide you with a quick heads up!
    Aside from that, fantastic website! cheap flights 2CSYEon

  33. The other day, while I was at work, my cousin stole my iphone and tested to see if it can survive a 30 foot drop, just so she
    can be a youtube sensation. My iPad is now destroyed and she has 83 views.
    I know this is totally off topic but I had to share it
    with someone! 3gqLYTc cheap flights

  34. I am not sure where you’re getting your info, but good topic.
    I needs to spend some time learning much more or understanding more.
    Thanks for great info I was looking for this information for my mission.

  35. I am curious to find out what blog platform you have been using?

    I’m having some minor security issues with my
    latest website and I would like to find something more safeguarded.
    Do you have any recommendations? cheap flights
    3aN8IMa

  36. Hi there i am kavin, its my first occasion to commenting anyplace,
    when i read this article i thought i could also make comment
    due to this brilliant article.

  37. Excellent post. I was checking continuously this weblog and I’m inspired!
    Very useful info specifically the last phase :
    ) I deal with such info much. I was looking for this particular info for a very lengthy time.
    Thank you and best of luck.

  38. My programmer is trying to persuade me to move to .net from PHP.
    I have always disliked the idea because of the costs.
    But he’s tryiong none the less. I’ve been using
    WordPress on several websites for about a year and am anxious about switching
    to another platform. I have heard very good things about blogengine.net.
    Is there a way I can transfer all my wordpress posts into it?
    Any help would be greatly appreciated!

  39. This design is spectacular! You obviously know how to
    keep a reader entertained. Between your wit and your videos,
    I was almost moved to start my own blog (well, almost…HaHa!) Fantastic job.
    I really enjoyed what you had to say, and more than that, how you presented it.
    Too cool!

  40. Hi my loved one! I want to say that this post is amazing, great written and include almost all significant infos.
    I’d like to look extra posts like this .

  41. Warning: Vernon Hills, IL and Libertyville, IL and surrounding 50 miles radius area is in active war zone ! Towns are held hostage by UK agents, Russian spies, Indian spies, Mexican spies, Chinese spies, and other Hispanic spies

  42. Howdy! Do you know if they make any plugins to protect against hackers?
    I’m kinda paranoid about losing everything I’ve worked hard on. Any suggestions?

  43. Wow that was unusual. I just wrote an incredibly long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyways, just wanted to say great blog!

  44. You will also obtain the latest designs of outdoor site furniture at any web store and you get each of the essential furniture at discounted process.
    re also told ( from people within the know) that we now have approaching four
    million of which in southern Germany if you already kow best places to look
    there. Instqll the Transformer – The transformer shbould always bee installe near a
    ground fault circuit interrupter (GFCI) outlet.

    Also viseit my web page :: anchortext (Ofelia)

  45. You could definitely see your skills in the paintings you write. The arena hopes for even more passionate writers like you who are not afraid to mention how they believe. All the time follow your heart.

  46. An attention-grabbing discussion is worth comment. I think that you must write extra on this topic, it may not be a taboo topic but usually persons are not enough to talk on such topics. To the next. Cheers

  47. Normally I don’t read article on blogs, but I would like to say that this write-up very forced me to take a look at and do so! Your writing style has been surprised me. Thanks, very nice article.

  48. I want to create my own website but I have no experience. A classmate recommended me to instead create a blog so that I can get experience. . What free blog site should I use?. Any tips?.have a wonderful day.

  49. We are a bunch of volunteers and opening a brand new scheme in our community.
    Your site offered us with valuable information to work on. You’ve done a formidable process
    and our entire group can be thankful to you.

  50. Nice blog here! Also your website loads up very fast! What web host are you using? Can I get your affiliate link to your host? I wish my website loaded up as fast as yours lol

  51. My brother suggested I may like this blog. He was totally right. This put up actually made my day. You can not imagine simply how much time I had spent for this information! Thank you!

  52. Thanks so much for giving everyone an exceptionally nice chance to read from this site. It can be so great and also packed with fun for me personally and my office peers to search your web site minimum thrice in a week to read through the latest guidance you have. And indeed, we are actually fascinated with the gorgeous information served by you. Selected two points in this article are easily the simplest I’ve had.

  53. Hello, you used to write great, but the last few posts have been kinda boring… I miss your tremendous writings. Past few posts are just a little out of track! come on!

  54. Thank you for any other great article. Where else may anybody get that type of info in such a perfect manner of writing? I’ve a presentation next week, and I am at the search for such information.

  55. The next time I read a weblog, I hope that it doesnt disappoint me as a lot as this one. I imply, I do know it was my option to read, however I truly thought youd have something interesting to say. All I hear is a bunch of whining about something that you would repair if you werent too busy in search of attention.

  56. I am also writing to let you be aware of what a superb experience our girl developed reading yuor web blog. She came to understand such a lot of details, not to mention what it is like to have a great giving character to get the others without problems fully understand selected grueling things. You really surpassed her expected results. I appreciate you for offering those effective, safe, edifying as well as unique tips on that topic to Ethel.

  57. As these types of people usually have large libraries of books
    in their possession, a large 4 shelf bookcase,
    and even an oak barrister bookcase, might be a great asset inside their office.

    If you are an enterprising person, consider
    making your own personal shelves by mounting prefab wire shelving in your wall and getting baskets that can transform your interior design. Purchase bookcases
    which are designed specifically using a child planned
    and a lot manufacturers address safety concerns in the
    design process.

  58. Youre so cool! I dont suppose Ive read anything similar to this prior to. So nice to locate somebody by original thoughts on this subject. realy we appreciate you beginning this up. this excellent website are some things that is required on the internet, an individual with a little originality. beneficial job for bringing new things to the net!

  59. I found your weblog web site on google and verify just a few of your early posts. Proceed to maintain up the superb operate. I just additional up your RSS feed to my MSN Information Reader. Searching for forward to studying more from you afterward!? I am typically to running a blog and i actually admire your content. The article has actually peaks my interest. I am going to bookmark your website and hold checking for brand spanking new information.

  60. Wow! This can be one particular of the most helpful blogs We’ve ever arrive across on this subject. Basically Magnificent. I’m also an expert in this topic therefore I can understand your hard work.

  61. hello there and thank you in your information – I have certainly picked up something new from proper here. I did alternatively expertise a few technical points the use of this site, since I skilled to reload the site many instances previous to I may get it to load properly. I have been puzzling over in case your web host is OK? Not that I am complaining, but sluggish loading cases occasions will very frequently affect your placement in google and could injury your quality score if advertising and ***********|advertising|advertising|advertising and *********** with Adwords. Well I am including this RSS to my e-mail and can glance out for much extra of your respective intriguing content. Make sure you replace this once more soon..

  62. Hi! I just wanted to ask if you ever have any problems with hackers? My last blog (wordpress) was hacked and I ended up losing a few months of hard work due to no data backup. Do you have any methods to protect against hackers?

  63. Needed to send you one very little note to give thanks yet again considering the amazing information you’ve featured on this page. This has been simply pretty generous of you to give openly what a few individuals would’ve advertised for an e book to end up making some profit on their own, even more so considering the fact that you could possibly have done it in the event you decided. Those smart ideas additionally acted as the fantastic way to recognize that other people have a similar passion just like my very own to figure out lots more in respect of this condition. I’m certain there are numerous more enjoyable moments ahead for individuals that read carefully your website.

  64. I was quite proud of my own nick name all through high school but now – that I couldn’t be any different to exactly what my nick name was.

  65. It is appropriate time to make some plans for the future and it is time to be happy. I’ve read this post and if I could I desire to suggest you some interesting things or advice. Perhaps you could write next articles referring to this article. I want to read more things about it!

  66. Thanks for each of your labor on this website. Kim loves engaging in research and it is simple to grasp why. All of us learn all regarding the lively mode you make simple steps on this web site and in addition strongly encourage response from other individuals on this idea plus my girl is certainly understanding a great deal. Take advantage of the remaining portion of the year. You’re performing a useful job.

  67. Excellent data here. This interesting submit made me smile. Maybe if you throw in a few footage its going to make the whole thing more interesting. Anyway, in my language, there arent a lot good supply like this.

  68. Its such as you read my thoughts! Yoou sesem to understand so much about this, such as you wrote the ebook in it or something. I believe that you simply can do with some to pressure the message house a little bit, bbut instead of that, that is wonderful blog. A fantastic read. I’ll definitelly be back.|

  69. Greetings from Carolina! I’m bored to tears at work so I decided to browse your blog on my iphone during lunch break. I love the knowledge you present here and can’t wait to take a look when I get home. I’m shocked at how fast your blog loaded on my mobile .. I’m not even using WIFI, just 3G .. Anyways, amazing blog!

Leave a Reply

Your email address will not be published.