Can my husband’s company drop my dental insurance coverage?

UPDATED: Jun 5, 2011

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Can my husband’s company drop my dental insurance coverage?

I had dental coverage through my estranged husband’s company. I had dental work done and received a bill 4 months later. When I contacted the insurer they stated that I no longer had coverage. My ex-husband’s benefits administrator said I was dropped because I was eligible for coverage from my employer (eligible in July). They dropped me in November and I wasn’t notified. My husband had to cover me until the divorce was final and he did not initiate termination. No court documents state he had to cover me, it was just agreed. How did they know I had coverage available? Can they drop me and how

Asked on June 5, 2011 under Employment Labor Law, Ohio


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is your responsibility as an insured to know whether you are covered or not when you obtain medical or dental services and to know for what you are covered. Further, if your divorce decree did not specifically mention dental or medical coverage, you are at the mercy now of a few entities. First, your husband may not be required to notify of termination but the insurance company have been (especially to provide some sort of coverage like COBRA at your own cost). So, you need to file a complaint with your state's insurance department to investigate the issue of lack of notice before insurance termination. Second, you can certainly attempt to appeal the issue and cost directly with the insurance company itself. As to the coverage by your employer, anyone (including your ex spouse) could have informed the insurance company, especially if it concerns an open enrollment period.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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