What are my rights if my health insurer cancelled my policy while I was 9 months pregnant because it applied my payments to the incorrect account?

I have not been able to rectify my account. I am completely frustrated, can’t see my doctor and going through severe emotional troubles. I need to do something about this. As I am now, I don’t even know where I will deliver my baby. I pay my bill religiously every month.

Asked on November 12, 2015 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the insurer was at fault in incorrectly applying your payments, and you can prove that you made the payments, you may be able to sue the insurer for breach of contract (insurance polices are contracts), for violating its obligations to you even though you were honoring your obligations to it. You may be able to recover any amounts you've paid for medical bills, etc. which should have been paid by your insurer but which were not, as well as to get them to reinstate your coverage. It would be a good idea for you to consult with an attorney in person about taking legal action.

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