Geico Direct Insurance Company
14111 Danielson Street
Poway, CA 92064
Nancy Funderburk
08/07/2014
Genoveva Sainz
PO BOX 3803 VISTA, CA 92085
RE: INTENTION TO SUE FOR BAD FAITH BUSINESS PRACTICES; DEMAND ON
POLICY 4197946579
Cause#1
As indicated in our lengthy conversation with your Underwriting Department on
08/07/2014 I need a copy of the insurance policy that indicates I am required to
exclude Guadalupe Gutierrez Barba Jr. Who neither lives with me nor drives my
vehicles. Your Agent Lauren Hawkins stated that the exclusion is required because
there was a 4 day lapse in coverage on my 2008 Honda in May of 2014. During
this period of Time, my son was neither a driver of my 2008 Honda Accord nor
living within my house hold at the covered or lapse of coverage time frame nor
does he live in my home or drive my vehicle 2008 Honda Accord at the present
time. He has not been insured with Geico since 2013!
You are utilizing this demand that I provide an exclusion of driver Gudalupe Barba
Jr, and threatening to add Guadalupe Barba Jr. to my insurance policy by force on
09/02/2014 if I do not provide an exclusion for him despite advising your agents
that he is not living with me nor driving my vehicle nor on my Insurance policy.
This is in bad faith business practice and is an illegal practice according to
California Insurance Law.
Cause#2
You have increased my policy amount several times because I have complained to
your agents who have refused to allow me to speak to a manager at Geico Direct.
You’re Insurance Company and its agents are threatening to force Guadalupe
Barba Jr. onto my policy which is a violation of law in California.
This is to advise you should you add Guadalupe Gutierrez Barba Jr. On my
insurance policy at any time without my authorization, I will pursue a law suit
against Geico Direct Insurance Company and its agents for Bad Faith Business
Practices and hold liable all responsible parties who have harassed me and
increased my policy amounts and listed me as a driver on an accident indicating
that I was at fault in an accident and as driver of a vehicle, in which I was not
involved in neither do I own this vehicle.
Cause #3
There is no access to the insurance policy which By California law you are
required to provide to me. You state the policy list the requirements that I exclude
Guadalupe Gutierrez Barba Jr. for my current 2014 insurance policy by law. You
state the exclusion is voluntary, but should I refuse to provide it you threaten to
add Guadalupe Gutierrez Barba Jr. to my insurance Policy which is a bad faith
practice that Geico Direct Insurance Company and its agents practice to implement
rate increases on consumers. I have clarified to you that Guadalupe Gutierrez
Barba Jr. does not live with me nor does he own the 1996 Acura in which he was
insured with Geico Insurance in 2013. Nor does he drive my vehicle 2008 Honda
Accord, nor is he on my Geico Direct 2014 Insurance policy.
You have failed to provide proof that this is a requirement of Geico that is
permissible by California Law as you indicated is divulged in the policy language.
You assured me you would provide me with my Auto Insurance Policy so that I
could read the policy language, yet it is not available on the Geico insurance web
site and your agent Lauren Hawkins failed to email it to me as she promised she
would.
Cause #4
California Insurance code 11580.2 is clear it relates to persons who are under
insured and live within the consumers house hold. The exclusionary form states its
agreed that the insurance afforded by the policy, and the insurer's obligation to
defend, including uninsured, underinsured, uninsured motorist property damage
coverage’s and collision waiver, shall not apply with respect to any claim arising
from accidents or occurrences while any motor vehicle is being driven by
Gudadalupe Gutierrez Barba Jr.. You claim you are seeking this because he had an
accident in 2013. He has been off the policy since 2013, does not live with me nor
drive my vehicle, yet you have identified me on the insurance computer broadcast
as being the responsible person for that accident and I have not been able to obtain
other insurance because of your misinformation.
Cause #5
You have also increase my Insurance premium rates 2 times despite my good
driving record and no History of at fault accidents or tickets, these increases came
only after I have complained and asked you to clarify in your computer system that
I am not had any at fault accidents. The increase was also made because I refused
to re-refax an exclusionary form that was faxed to your company several times
from December 30, 2013 Through January 2014.
Further I provided this exclusion of named driver for Gudalupe Gutierrez Barba
Jr. on 12/30/2013, still you agents persisted to harass and threaten me for the same
documents for a period of 8 months threatening to increase or cancel my policy IF
I DID NOT RE-FAX THE DOCUMENT.
Cause#6
Geico Direct Insurance company and its agents threatened and harassed me over
and over causing me mental distress. Now after 8 months later your agentd finally
admit you found the Exclusionary driver form but are demanding another
exclusionary of driver form and are again threatening to increase, cancel or add
Gudadalupe Gutierrez Barba Jr. to my auto insurance policy.
Cause #7
The Law is clear, you cannot use bad faith business practices of harassing
consumers causing them mental distress for the purpose of premium increase
hikes. Due to the lack of organizational skills on Geico insurance and it’s agents
behalf’s you have failed to provide the required Insurance Policies and process
electronic documentation and then commence to harass consumers excessively
placing demands that result in increased premium hikes for the benefit of
defrauding consumers of monies. This serves notice that I will follow with a
complaint to the California Insurance commissioner and file a law suit including
seeking damages for emotional distress. I am disabled and you have continually
harassed me because you had to pay out 1 claim, despite years of
collecting thousands of dollars over 4 years in premiums from me. Further you
adjusted a premium increase mistake too to decrease 1 monthly payment to $51.59
for the appearance of correcting your company and its agent’s bad faith business
practices and thereafter returned the premium to the increased rate amount of
$80.12.
Cause #8
Further History of Bad Faith Business practices, on a previous policy I had
purchased a renter’s policy through your company with Liberty mutual and called
December 2013 asked the agent to cancel the policy, she never did and it has been
explained to me that she never documented the conversation nor did she cancel the
policy. Despite notice to me that the policy cancelled in December 2013, Geico
continued to bill for this policy for 4 months after their cancellation date, mind you
I was served with a cancellation, asked for the policy to be cancelled yet I received
further billing for several months until I called again to asked why they failed to
cancel the policy as requested and advised that it would cancel? This is to advise
you I have received a collector’s bill for the amount of 4 months where your agent
refused to cancel my renters insurance in bad faith and utilized this bad faith
business practice to attempt and collect further premiums and royalties for that
policy despite the request to cancel the policy and the notice that it would cancel
December 2013. When I called to inquire at Geico what had happened to my
request to cancel the policy, I was told over and over by different agents that
conversation was not documented and I should send it in writing. It is interesting
your company can verbally insure someone but you can’t verbally cancel a policy.
Your company has trouble processing exclusion of drivers they claim not to find the
form but increase my premiums for complaining. This is bad faith business
practices used for premium increases used to collect moneys from consumers’ in
the name of Geico referring to policies and laws that it fails to provide to its
consumers for reading. I have never received the paper work for my insurance
Policy and you have also failed to provide the documents to show the claim you
allegedly paid out on my insurance policy. Nor are those documents available on
the Geico Web Page.
Demand:
Sis and decease further harassment. Do not add Gudadalupe Gutierrez Barba Jr. to
my insurance policy, it is illegal and fraudulent for you to do so. Provide all
payment and insurance information paid out for the accident of Guadalupe
Gutierrez Barba Jr. in 2013 immediately and provide the insurance policy and
binder immediately. I will be seeking damages and penalties for Bad Faith
Business Practices pursuant to Code of civil procedure section 1021.5 and any
other statutory provision afforded by law. You should reimburse me immediately
all premiums due to me from the overpayment of premiums charged to me due to
your licensed insurance agent’s error in charging me for excessive mileage driven
on my 2008 Honda Accord for the 2014 auto insurance policy. Genoveva Sainz