QUESTION

What can be done with termination of medial insurance?

Asked on Mar 19th, 2013 on Litigation - New York
More details to this question:
My insurance was cancelled for premium non-payment. I had a partial payment of $70 (changes in my premiums due to Medicare coverage) due in November 2012, and I received a call reminding me of the payment and told the customer rep I would add the partial to my December payment of ($260). I sent in my payment sometime around December 17, 2013, and when returning back in the USA Jan 2, I had a letter from the health care provider my insurance was cancelled by the insurance company. At no time did I ever receive any notification that my insurance was going to be cancelled for nonpayment either verbally or in writing ever receive any notification that my insurance was going to be cancelled. And this insurance was cancelled in spite of telling the customer rep on Dec 10, 2012 that I would put that $70 payment in my December bill. Did I have a contract with my insurance carrier and were they obligated to tell me in advance that my insurance was going to be cancelled for non-payment of the partial amount I owed from November. Only when I called the provide was I told that they had terminated my insurance for not paying the partial amount of $70 owed in November.
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8 ANSWERS

Ronald A. Steinberg
You need to get all of your proof together and contact the insurance company. Arrange for a conversation with someone in the business office to set it straight. If no results, then get a lawyer.
Answered on Mar 31st, 2013 at 9:07 PM

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Without reading the insurance contract/policy and reviewing the state laws where you live I would not be able to advise you. Generally speaking partial payments are not acceptable since the company has a continuing obligation to provide full coverage. You either pay the entire premium or the insurance terminates.
Answered on Mar 25th, 2013 at 7:38 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I would have to have a copy of the policy and read it very carefully to determine whether they followed the procedure set out in the policy. You should request a copy of he policy and read the termination provision.
Answered on Mar 21st, 2013 at 9:36 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Certainly non payment of premiums is grounds for cancellation. Have you looked at your contract. I would expect that it is spelled out there.
Answered on Mar 21st, 2013 at 8:41 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Insurance is a contractual arrangement. If you did not pay your premium on time the carrier may cancel you. it did. Your promise or statement that you would catch up makes no difference .
Answered on Mar 21st, 2013 at 8:12 PM

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They should have given you a month's notice. Your discussion with the customer rep may very well have given rise to a contract, upon which you reasonably relied. On the other hand, the customer rep will likely deny that s/he made any promises. You can make a complaint to the state Commissioner of Insurance. Or you can ask to talk to someone in the insurance company with greater authority than whoever it was whom you spoke with last.
Answered on Mar 21st, 2013 at 4:18 PM

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Personal Injury Attorney serving Marietta, GA at Law Office of Ronald Arthur Lowry
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Did the insurer cash the check you sent around December 17? If the insurer did, then logically you were not behind in premium payment at that point. Also you said you were told that you were cancelled in "a letter from the health care provider." Call your insurer. The health care provider may be mistaken.
Answered on Mar 21st, 2013 at 3:56 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Sounds like you understand your situation pretty well. File a complaint with the state insurance department and see if you can get re-instated.
Answered on Mar 21st, 2013 at 3:55 PM

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