What is a health insurer’s liability if they keep cashing in premium payments even afterit hascanceled a holder’s policy without notice?

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What is a health insurer’s liability if they keep cashing in premium payments even afterit hascanceled a holder’s policy without notice?

I just found out last month that my policy was cancelled 5 months ago. But they still continued to cash in my payment every single month. This gave me no clue that there was something wrong with my policy. I talked to them and tried to re-instate the policy but was denied. What recourse do I have to make them re-instate it or at least hold them accountable to what happened?

Asked on March 4, 2011 under Insurance Law, Arizona

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to immediately file a complaint with your state insurance department and indicate with proof how much this insurance company took from you. You need to inform the insurance department through your complaint what you seek exactly. Is it insurance coverage or is it a refund of the monies paid.  Either way, the insurance company may have committed unfair and deceptive activity by doing what it did. You may also wish to copy the Arizona Attorney General on this matter and see if that Department considers it rising to the level of corporate criminal activity for essentially theft. Make sure you include copies of your bank statements showing or highlighting it was paid each month. If this was through your employer, talk to your employer's personnel department/human resources department about what happened and how to prevent this mistake in the future.


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