Can my health insurance company deny me coverage for 90 days?

My husband was laid off in 2/09. Health insurance coverage was paid through 3/31/09. He went back to work on 3/30/09. He never responded to the COBRA notification as he anticipated being called back to work in “a couple of weeks”. I believe he still had a few days to respond. His employer is now telling him the medical company claims there is a 90 day waiting period to be put back on the policy. Why? He should have been reinstated on 4/1/09, correct?

Asked on June 25, 2009 under Insurance Law, Minnesota


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

it sounds as if he should have been reinstated according to your timeline.  Did he check his employee manual to see if it said anything to the contrary? Also, did he check the fine print on his insurance agreement to see what it said about specific timelines?

Check those two, then contact the Minnesota Department of Insurance.  Here is a link.


If that doesn't help, hire a medical insurance plaintiff's atty (one who has experience with insurance bad faith).  Try and check his or her record at the Minnesota State Bar.

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