Q: My boyfriend cashed an insurance check that was made out to he AND I. Is that legal? We live in Wisconsin.
It was a car accident that totalled our car. His name on title, we were both insured. Am I entitled to some of that? We lived together for 14 years. Everything got put in his name. I also contributed to the purchase of the house. We have separated since the accident.
A:
If the check was made payable to both of you and the word "AND" was between both names, there is no question that the check was made payable to both and both signatures should be required. There might be some exceptions. For example, if you had a joint bank account and the terms and conditions governing the account allow one of the account holders to endorse a check on behalf of the other. Also, if the bank account was titled under both your names the bank may accept the check if it is deposited into that joint account, as you would have had access to the funds. If the check was deposited in his personal account, without your endorsement, then you may have a claim. You should first contact the insurance company and let them know that you did not endorse the check. You may have to sign an affidavit. The insurance company can then make a claim through their bank for paying on a check without appropriate endorsements.
If the amount in question is substantial and you have no luck contacting the insurance company directly, you may have to consult with an attorney for assistance.
Good luck.
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