What are a person’s rights to an insurance refund if they have cancelled the policy?

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What are a person’s rights to an insurance refund if they have cancelled the policy?

I am required to pay my health insurance premiums 2 months in advance. My spouse took a new job and had immediate health insurance coverage effective 10/01/10. I completed paperwork in late September and said I was waiving my insurance effective 10/01 because we were going to be covered by my spouse’s insurance. The insurance company says they will not refund my October and November premiums and that I have to be covered until December 1st. Is this legal?

Asked on October 6, 2010 under Insurance Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First I am going to tell you to look at your policy regarding notification to cancel.  That's because it is a contract between you and the insurance company and you agreed to abide by the terms of the policy when you signed the contract.  See if it speaks to the issue.  But whatever it says I think that you have every right to request reimbursement if the notice you gave was reasonable under the circumstances.  In other words, if your wife only found out on September 15th that she had the job and coverage as of October 1st and you notified them September 16th then it was reasonable.  You need to get a copy of your wife's coverage (called a Declaration page) that shows the premium pad and the start date.  Send it to your insurance company by certified mail and demand reimbursement at least on a pro-rated basis from today forward.  I would then call the department of insurance and file a complaint.  And I would have an attorney look at the paperwork too. 


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