Is there a law that stipulates which spouse covers the children when both spouses are covered under different plans with their employers?

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Is there a law that stipulates which spouse covers the children when both spouses are covered under different plans with their employers?

I cannot find the written “birthday” law that shows which parent is responsible when both spouses have different coverage from different employers.

Asked on May 13, 2009 under Insurance Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Have you checked with the California Dept of Insurance?  Here is a link to consumer information on medical insurance. http://www.insurance.ca.gov/0100-consumers/0020-health-related/0010-consumer-provider-complaints/index.cfm

Since I am unsure of your particular situation and how and why this issue arose, your best bet is to start reading the guidelines from the link above.  Then in unanswered, contact the Dept of Insurance and inquiry with that agency in writing. 


See also: 590.  A double insurance exists where the same person is insured by
several insurers separately in respect to the same subject and
interest.


591.  In case of double insurance, the several insurers are liable
to pay losses thereon as follows:
   (a) In fire insurance, each insurer shall contribute ratably,
without regard to the dates of the several policies.
   (b) In marine insurance, the liability of the several insurers for
a total loss, whether actual or constructive, where the policies are
not simultaneous, is in the order of the dates of the several
policies.  No liability attaches to a second or other subsequent
policy, except as to the excess of the loss over the amount of all
previous policies on the same interest.  If two or more policies bear
the same date, they are deemed to be simultaneous, and each insurer
on simultaneous policies shall contribute ratably.  The insolvency of
any of the insurers does not affect the proportionate liability of
the other insurers.
   All insurers on the same marine interest shall contribute ratably
for a partial or average loss.


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