Can an insurance company back date a policy if you’ve been paying for over a year and never actually received coverage?

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Can an insurance company back date a policy if you’ve been paying for over a year and never actually received coverage?

My husband’s employer has just realized that his dental and vision policy was never activated even though he’s been paying for it for a year and a half. They won’t reimburse him for the money but instead want to “back date” the policy, even though nothing was ever used

Asked on October 12, 2012 under Insurance Law, South Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Well, you wouldn't have used it anyway as based on your fact pattern. To give back the money now to you would be a windfall; further, it could have tax implications for you as opposed to those monies being earmarked as they were supposed to be. The ultimate decision at this point will probably reside with the department of insurance in your state but generally speaking, yes, any insurance can be backdated for coverage as long as the premium is paid.


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