can my health insurance provider keep the payments i made after the policy was cancelled?

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can my health insurance provider keep the payments i made after the policy was cancelled?

I had health insurance coverage through Community Health Choice of Houston Texas
from January 2015 to July 2015. I was not aware that the policy had been
discontinued by Community Health Choice until March 2016. I had been making
monthly payments through their website and recieved a statement in Febuary 2016.
I had to call Community health Choice because the website would no longer accept
my payments and after several phone calls learned that my policy was cancelled in
July 2015. I also didnt reralize that I had to sign up for 2016 because I thought
I was insured. I believe that Community Health Choice owes me refund. Can I take
this to small claims court?
Thank You,
Deirdre O’Neill Johnson

Asked on June 20, 2016 under Insurance Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They can't have it both ways: either they can take your payment and continue your policy, or they can discontinue the policy (assuming that under the circumstances they could otherwise do so legally) and return your payments--what they are not allowed to do is to take your money without providing you something of value (e.g. coverage). Taking your money but providing nothing in return is "unjust enrichment" and the law doesn't allow that. Based on what you write, you should be able to sue them for the return of your money.


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