Car owner seeks refund from Victoria Mutual Insurance Company
Dear Claudienne
On May 5, 2008, I renewed my motor vehicle insurance with Victoria Mutual Insurance Company (VMIC) for one year.
The renewal fee of $49,787.77 was paid to VMIC through Zenith Insurance Brokers Limited. From May to September I was receiving only cover notes despite my protests, but eventually received the Certificate of Insurance in September 2008.
On November 4, 2008, I received a threatening letter from VMIC dated October 22, 2008, giving me seven days’ notice of cancellation — due to non-payment of premiums, effective the date of the letter. The letter stated that I should return the Certificate of Insurance and that the Commissioner of Police would be notified of the cancellation. Please note that the cancellation was in effect even before I received the letter.
In my response to the VMIC letter two days later I pointed out that no one had advised me orally or in writing that there was an increase in the premiums. I told them that since they had effectively cancelled the policy they should send me a cheque for the amount owed to me. Zenith had my fax, home and work telephone numbers, plus my e-mail address, and since I was insured through the broker and conducted all of my business through them, getting a letter directly from VMIC was a bit strange.
I went to see a lawyer a fewe days later and he called Zenith and spoke to the broker. However, whenever I called Zenith to speak to them about the cover notes, the broker was always with a client, taking a call, at lunch or “on the premises but cannot be located”.
When the lawyer and I visited Zenith we had to wait a while before the broker spoke to us. She admitted to the lawyer that she did not get a chance to speak with me regarding the increase and then forgot all about it. However, she said that she would speak with VMIC.
So here I was driving without being insured and worse, not knowing that I was not insured. I believe that since VMIC was so eager to cancel the policy they would have sent me a cheque for the money owed to me. That is my money.
I have made numerous calls to Zenith and have also written to them, but to no avail. Up to this time I have still not received my money. I cannot understand the high-handedness of VMIC and the harshness of that letter.
Even though VMIC had not refunded my money I had to quickly find another insurer and pay another insurance premium. I also had to pay Zenith $582.50 in order to get a letter regarding my no-claim bonus.
On November 26 I received another letter from VMIC, dated November 20, 2008, indicating that there was an outstanding premium of $8,798.08. The letter stated: “I understand from your brokers that when you went in to them to renew your policy, you were advised of and paid in full, an amount that was incorrect.”
They further indicated that I should request my refund from the broker.
I am seeking your assistance in investigating this matter as I need my money. I believe that interest should also be applied as I have waited long enough.
VH
Dear VH
Tell Claudienne was told by Victoria Mutual Building Society (VMBS) that the company Zenith Insurance Brokers Limited no longer existed. We were advised to contact British Caribbean Insurance Company Limited (BCIC) with which VMIC had merged.
We received the following e-mail from BCIC on March 31, 2015:
“Thank you for your e-mail dated March11, 2015, alerting us to the problem encountered by VH in getting recourse regarding the fund premium due to her from 2008. I am
sorry that she has been subjected to such a frustrating series of events. I have noted her concerns and welcome the opportunity provided by you for us to respond.
British Caribbean Insurance Company Limited (BCIC) and Victoria Mutual Insurance Company (VMIC) merged firms in 2010. The merger did not affect the terms and conditions of any existing policy, and the rights and benefits of our customers were fully preserved and protected. I have reviewed our records and noticed that VH was insured with VMIC through Zenith Insurance Brokers Limited. Please note that when a customer is insured through a Broker, the Broker is responsible for collection of premiums from and payment of refunds to the customer. The details in our possession show that:
*VMIC renewed policy for the period May 7, 2008 to May 6, 2009 and issued to Zenith, Certificate of Insurance and Renewal Endorsement for premium of $56,840.85;
*Zenith paid VMIC $48,042.27 on June 24, 2008;
*Zenith issued an invoice dated September 18, 2008 to VH for the outstanding premium
of $8,798.08;
*Not having collected the outstanding amount, VMIC issued Cancellation Endorsement dated November 21, 2008 to Zenith. This cancellation was effective October 28, 2008 for refund of $29,743.86;
*Zenith sent Binder to VMIC dated December19, 2008 attaching cancellation Credit Note for refund of $29,743.86, addressed to VH. This Credit Note was dated December 4, 2008.
*Zenith sent Binder to VMIC dated January19, 2009 returning original Certificate of Insurance and requesting No-Claim Discount (NCD) Letter; a receipt for payment for the NCD letter was also attached. NCD letter was issued by VMIC.
Our Accounts Department was able to confirm that Zenith took back an amount of $29,743.86 from the remittance to VMIC in February 2009. Since Zenith Insurance Brokers is no longer in operation, we have no way of verifying how her transaction was concluded.
I would suggest that the next course of action is to refer the matter to the Financial Services Commission (FSC) to ascertain who bought Zenith’s portfolio in order that said company may reimburse VH.
I hope that the FSC will be able to bring a sense of resolution to the matter. We look forward to
serving VH in the future, even better as BCIC, an Affiliate of Victoria Mutual.”
The FSC has advised Tell Claudienne that you should send them a copy of this letter from BCIC along with a query as to which company now owns the Zenith portfolio. They will then be able to assist you by supplying information to help you to recover your money.
Please advise us as to the progress of this matter with the FSC.
Good luck.
Have a problem with a store, utility, a company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail: edwardsc@jamaicaobserver.com. Please include a contact phone number.

