denial after employer failed to pay premium

UPDATED: May 13, 2009

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denial after employer failed to pay premium

after my employer failed to pay our premiums I applied for individual coverage from the same insurance carrier. I was denied due to a recent injury and they say prescription **** use. I had only 4 scripts filled (one for 4 days of pain meds, 1 muscle relaxer, an anti-inflammatory and birth control) and have gotten a note from the doctor saying I need no further treatment for the injury. Can they deny me because of these things since the coverage premium wasn’t paid? Oh, my employer happens to be my dad’s wife.

Asked on May 13, 2009 under Insurance Law, Kentucky


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Oh boy.  Two things: 1) why did your employer fail to pay? and 2) your insurance company did a really stupid thing.  So guess what you get to do now?

1. Hire or consult with an attorney to sue your employer; and sue your insurance company.  Try and review his or her history at the Kentucky State Bar website.

2. By the way, you can also simultaneously exercise your administrative rights but filing a consumer complaint against your insurance company with the Kentucky Dept of Insurance ( and file a consumer complaint against your employer with the Kentucky Labor Cabinet (

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 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.

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