Is there a law that stipulates which spouse covers the children when both spouses are covered under different plans with their employers?

UPDATED: May 13, 2009

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Is there a law that stipulates which spouse covers the children when both spouses are covered under different plans with their employers?

I cannot find the written “birthday” law that shows which parent is responsible when both spouses have different coverage from different employers.

Asked on May 13, 2009 under Insurance Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Have you checked with the California Dept of Insurance?  Here is a link to consumer information on medical insurance.

Since I am unsure of your particular situation and how and why this issue arose, your best bet is to start reading the guidelines from the link above.  Then in unanswered, contact the Dept of Insurance and inquiry with that agency in writing. 

See also: 590.  A double insurance exists where the same person is insured by
several insurers separately in respect to the same subject and

591.  In case of double insurance, the several insurers are liable
to pay losses thereon as follows:
   (a) In fire insurance, each insurer shall contribute ratably,
without regard to the dates of the several policies.
   (b) In marine insurance, the liability of the several insurers for
a total loss, whether actual or constructive, where the policies are
not simultaneous, is in the order of the dates of the several
policies.  No liability attaches to a second or other subsequent
policy, except as to the excess of the loss over the amount of all
previous policies on the same interest.  If two or more policies bear
the same date, they are deemed to be simultaneous, and each insurer
on simultaneous policies shall contribute ratably.  The insolvency of
any of the insurers does not affect the proportionate liability of
the other insurers.
   All insurers on the same marine interest shall contribute ratably
for a partial or average loss.

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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