Legal Question in Insurance Law in California

I received a severance agreement from my employer. The agreement unequivocally included coverage for benefits for 6 months. While my employer was paying my bi-weekly salary, I recently discovered that my employer has not been paying my health insurance premiums. I discovered this when I went to the doctor and 3 weeks later they called me explaining that that my coverage lapsed 110 days ago (30 days after my "term date"). I called to get proof of insurance and was able to confirm the coverage has lapsed.

0. This is a breech of contract correct? FYI, the contract has no remedies in it for breeches.

1. What relief is available to me for breeches of contract such as this?

2. My employer never sent me any COBRA letter.

3. I have a significant lapse in health insurance coverage from their actions.

4. I have no insurance right now.

Thanks for any thoughts.


Asked on 2/21/11, 7:13 am

1 Answer from Attorneys
Martin Snitow

You need to have a lawyer review your severance agreement. The lawyer may either contact your employer and try to get this taken care of or if necessary file a lawsuit.

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Answered on 3/06/11, 1:25 pm


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