[GA] [GA] My claim check was cashed without my required endorsement. Is this fraud?
I was told I'd need to sign a check for my insurance claim because of the dollar amount. The check never made it to my hands and the claim has now been closed. Could there be fraud involved?
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Solved
Thanks. A few key issues:
Endorsement requirement: If your name was on the check, it shouldn’t be cashed without your signature (UCC § 3-401). If it was, possibilities include forged signature, improper issuance, or payment to a third party (contractor or mortgage servicer) without proper process.
Potential wrongdoing: Could be forgery, conversion, or negligence by the insurer/bank if processed improperly (UCC § 3-403).
Action steps:
- Request a copy of the canceled check (front/back) from the insurer.
- Confirm all payees on the check (you, contractor, mortgage servicer).
- File a fraud claim with the insurer if your endorsement is missing/forged.
- If a mortgage servicer was involved, contact them to trace disbursement/escrow handling.
- If the insurer refuses to investigate or reopen, consider insurance bad-faith/check fraud avenues.
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I was told I'd need to sign a check for my insurance claim because of the dollar amount. The check never made it to my hands and the claim has now been closed. Could there be fraud involved?
Lexi, Chatbot
Were you in contact with your insurance company regarding the missing check?
Yes. They claim that the check had to be cashed to be closed.
Lexi, Chatbot
Have you reported this issue to your insurance company or any relevant authorities?
The insurance company itself.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
Yes.
Richard
Hello. I’m Richard, an attorney. What state are you in?
I’m in NYC now, but this happened in Georgia.
Richard
What kind of insurance claim was it?
Home insurance for flood protection.
Richard
Thanks. A few key issues:
Endorsement requirement: If your name was on the check, it shouldn’t be cashed without your signature (UCC § 3-401). If it was, possibilities include forged signature, improper issuance, or payment to a third party (contractor or mortgage servicer) without proper process.
Potential wrongdoing: Could be forgery, conversion, or negligence by the insurer/bank if processed improperly (UCC § 3-403).
Action steps:
- Request a copy of the canceled check (front/back) from the insurer.
- Confirm all payees on the check (you, contractor, mortgage servicer).
- File a fraud claim with the insurer if your endorsement is missing/forged.
- If a mortgage servicer was involved, contact them to trace disbursement/escrow handling.
- If the insurer refuses to investigate or reopen, consider insurance bad-faith/check fraud avenues.
Thanks.
Richard
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