Doesan employer have to carry insurance on an employee’spregnant wife?

My husband and daughter have insurance threw his employer which is a small company. We have recently gotten married and are pregnant. The company will not insure me. They are saying it is because they do not do a group plan. But how can my daughter have insurance if it is an individual plan? Do I have any legal standing for the company to insure me?

Asked on December 3, 2010 under Employment Labor Law, Missouri


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your logic is perfectly sound to me.  Either you have an individual plan with coverage only for yourself or a family plan that covers members of your family.  You are a member of the family since there has been a qualifying event - your marriage.  So under their theory will they only cover your child once it is born but not you or the birth?  Time to start calling the insurance company directly and the State Department of Insurance.  Maybe even the State Department of Labor (no pun intended) if his employer continues to stone wall him. But you need to be covered as soon as possible and before they try and throw a pre-existing condition curve your way. Thank goodness that law has been modified.  Good luck.

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