past claims

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past claims

My insurance company is now sending me a bill for claims they state they overpaid
in 2010 – 2013. They want payment in full plus a penalty. This is strictly an
overpayment error on their part and not a result of anything I did. Is this
possible. Isn’t there a ‘statute of limitations’ for this type of thing?

Asked on August 14, 2017 under Insurance Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is a statute of limitations. It is the statute of limitations for an action based on a contract, since an insurance policy is a contract. In your state, that is 4 years, so based on what you write, depending on the exact time frame (e.g. exactly how old the overpayments are), it would appear that some, many, or possibly all are too old for them to take legal action on or enforce.
Also, if the error was their error, not yours, they cannot get a penalty: they cannot penalize you for their mistake. They would be entitled to get an overpayment back, assuming they are within the statutory period.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is a statute of limitations. It is the statute of limitations for an action based on a contract, since an insurance policy is a contract. In your state, that is 4 years, so based on what you write, depending on the exact time frame (e.g. exactly how old the overpayments are), it would appear that some, many, or possibly all are too old for them to take legal action on or enforce.
Also, if the error was their error, not yours, they cannot get a penalty: they cannot penalize you for their mistake. They would be entitled to get an overpayment back, assuming they are within the statutory period.


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