Wht to do if my insurer did a retroactive disenrollment because my former employer forgot to notify them on time about the termination of coverage?

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Wht to do if my insurer did a retroactive disenrollment because my former employer forgot to notify them on time about the termination of coverage?

Now I’m getting the bills from doctors and labs that the insurance had already paid but requested refund from. I’m now faced with over $1000 of debt because my former employer did not notify the insurance. Can I fight this?

Asked on December 14, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the insurer was not provided information about termination of coverage in a timely manner, they were most likely entitled to retroactively disenroll you: insurance is a contract, and is also governed by a number of very specific rules, and when the terms of the contract or the rules governing insurance are not complied with, there may be no coverage. If your former employer was negligent, or unreasonably careless, not providing this information, then, however, you may be able to sue the former employer to recover your loss.


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