Doug has it right. Get yourself a lawyer. No matter how many Mudcatters agree wth you (me included) the judge will have his own biased opinion, which will most likely be based upon how friendly he is with the lawyers involved.

So do some research and find a lawyer who is highly respected by the judges in your area, and don't hesitate to swap lawyers if you find out that the judge doesn't like your one.

Personally, I think that, if they took your money in the first case without saying anything, then you should have a good case. You should be able to rightly say "You took my money so the insuransce is valid"