If my spouse took my son and I off of his insurance and we are not divorced, can I sue the company for that?

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If my spouse took my son and I off of his insurance and we are not divorced, can I sue the company for that?

Asked on June 20, 2012 under Family Law, Alabama

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In many states, it is completely up to the subsrciber to choose to place dependants on the insurance plan and continue the coverage.  In divorce situations, this can in many states be required to be continued because of the severity of the implications if there was no coverage. Here, you need to check with your counsel about filing a motion to have coverage reinstated. Either way, the insurance company was to inform you of the fact you would be not be covered and offer you COBRA or alternative options.  Check with your state's department of insurance regarding this matter.


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