The rules of each insurance company are different, so I cannot tell you why they will not just remove her. However, if the issue is merely that the refund check will come in both names if you do cancel you have two options. Cancel it and get the check in both names, see if you can resolve the issues. If not you may have a legal recourse because the language of the Agreement probably does not entitle her to receive half the money. Find out how much the refund really is, is it going to cost you more to keep her on the insurance until the renewal period than it would to cancel it and potentially split the money.
I do not practice insurance law, however if she is a named insured under your policy, she will be able to file a claim under that policy.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
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