Health insurance cancellation before Cobra is out?

UPDATED: Jun 19, 2009

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Health insurance cancellation before Cobra is out?

I got laid off today. They informed me that my insurance is cancelled at midnight. Though I am eligible for Cobra, they don’t have the packages ready. I am in the middle of scheduling a needed surgery for a broken arm. How can they cancel my insurance at midnight, before I am given paperwork for Cobra?

Asked on June 19, 2009 under Employment Labor Law, Ohio


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In the first place, it sounds odd for your insurance to be cancelled the same day as the layoff, since coverage is usually by month.  More importantly, the COBRA coverage is something you're entitled to, they have to give it to you when you go in to sign the paperwork tomorrow -- be prepared to pay a premium on the spot!  If they don't want to do it, tell them you'll sue.

And if they still don't let you do it, go from there to a lawyer's office, and sue them, because they're breaking the law and they can't get away with it.  One place to look for an attorney to help you with this is our website:

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