What to do if I was told that I had medical insurance but didn’t?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I was told that I had medical insurance but didn’t?
After being laid off of work I required medical attention. My medical insurance accepted all charges from doctors, specialists and pharmacy because according to my previous employer, HR department, my medical insurance was still good and active for the following four months. Now it turns out that my insurance company is denying coverage. Can the insurance company demand that all the doctors and specialist return the money and charge me for services provided?
Asked on February 7, 2013 under Insurance Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If it turns out that you fact were not covered for some valid reason--such as separation from employment--your insurer may indeed disclaim coverage and force you to pay for the medical service yourself; an insurer is only required to pay pursuant to the terms of a validly in-force policy. However, if you were denied the chance to get coverage--such as through COBRA--due to some error or omission of your former employer, you may have a legal claim against the employer for the medical costs you have incurred.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.