You would sue the insurer--that's how you get your money back in cases like this. You would sue based on several alternative legal grounds (you are allowed to name different theories in the lawsuit when you don't, in advance, know exactly which one applies):1) Fraud--lying about what they could or would do.2) Breach of contract: violating the terms of the agreement.3) Conversion (a type of theft): keeping money entrusted to them (premiums payments) when it is to be applied to something for your benefit.4) Theft by deception: stealing from you  by tricking you.In any event, they can't keep your money without giving you a policy, and if they have breached their obligations, even if they wanted to now sendyou the policy, you'd have the right to terminate and get your money back--but you have to sue to do so.