Auto Insurance Claims: settlement of split equity

Question
I have a pick up truck that I and my Baby's Momma which I was living with purchased together in Illinois on 3/31/2012. My name is the first on the title if that matters. Then on September 28 2014 we decided that we could no longer live together as husband and wife. She moved out of our home of 3 years and immediately cancelled the insurance on the truck retaining the policy on her vehicle. She stated to the agent that she no longer wanted anything to do with the truck and did not want to be responsible for the premium. Please note that the truck was not paid off at the time of her cancelling the policy. I was notified by mail that the policy was canceled and immediately called our agent and placed insurance back on the vehicle under a NEW policy.  This policy being in ONLY my name. Then on 2/4/2015 I totaled the vehicle. Negotiations took place between myself and the State Farm adjuster about settlement.  We came to a mutual agreement on a price and settled.  HERE IS WERE THE PROBLEM LIES.  State Farm have sent to me a power of attorney for me to sign BUT EVEN THOU the adjuster spoke with me and me alone about the settlement, AND the insurance policy is in my name and my name alone they are not willing to give me the total amount of overage after pay off the vehicle to Capital One.  The check they are willing to send will have my name AND my EX Girlfriends name on it.  My ex girlfriend is not willing to sign the money over to me, even thou she cancelled her part of the insurance policy. Is there anything I do to get the total amount of the money.  I have spoke with Sate Farm about this and even thou they admit in their policy it states they have the option to give me the check they are deciding to protect her interest in the vehicle even thou without me putting the coverage back on she would have only bills to pay on the accident and truck payments

Answer
Donald,

Thank you for your question and while I am not privy to what state you reside and its laws, I would think that unless your ex-girlfriend was noted as a co-owner or lien holder on the vehicle's title, or on your policy, that YOUR insurer would have no obligation to add her name to the insurance claim proceeds. If she is, then because it will likely be considered as a "civil matter" you may need to go before a judge to bring forth a resolution. You may be able to do this through a small claims action however I would suggest you seek legal counsel to seek an opinion on this matter first.

You may wish to notify her that should you incur legal fees to resolve this issue that she will be responsible for half the legal fees and costs in the hopes she gives up her efforts and signs off.

I hope this offers some direction for you. Good luck in your endeavor.

Barrett