If a husband dies and the wife is on his health insurance policy through his job, can hisemployer cancel her insurance without first notifying her?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a husband dies and the wife is on his health insurance policy through his job, can hisemployer cancel her insurance without first notifying her?

The job cancelled the insurance two weeks after his death, at the end of the month, without notifying the wife. Cobra is available, but wife has no insurance until she pays it.

Asked on April 4, 2011 under Employment Labor Law, Kansas

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for your loss and for your troubles.  Generally speaking there has to be either a qualifying event or open enrollment in an insurance plan in order to change the status of health insurance  A qualifying event is often birth of a child or death of a party that is insured.  But the employer should have contacted you in order to give you the information as to COBRA before they cancelled the insurance.  I would contact your state department of insurance to see what can be done.  You do not want to be deemed uninsured for too long as that can cause you all sorts of problems. Ask what can be done.  Good luck to you.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption