Legal Question in Insurance Law in California

Why am I being sued?

4 years back, I had an emergency appendicitis procedure done. I had medical insurance coverage at the time. I provided all the information to the hospital who billed the insurance company for the charges. Subsequently they recieved a check for the amount from the insurance company but the check bounced. I contacted the collection agency handling the case and I was told that I am not responsible and that it's between the insurance company and the hospital. However now I have been sued for the same. What should I do?


Asked on 2/13/03, 5:23 pm

3 Answers from Attorneys

H.M. Torrey The Law Offices of H.M. Torrey

Re: Why am I being sued?

most likely you are being sued as a formality since you would be secondarily liable for the amount owed if your insurance company does not have the money, since they are primarily liable if you were covered thru them. the hospital most likely is only joining you in the suit to cover their "butts" more or less. if you would like more assistance, feel free to contact me.

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Answered on 2/18/03, 3:30 pm
Steven Murray Steven W. Murray, APC

Re: Why am I being sued?

You need to immediately contact the insurer and tender your defense to it. (Why didn't you contact the insurer when you heard from the collection agency?) Find out the name of the insurer's claims supervisor, or a corporate officer, and write them a confirming letter about handling the suit. But you also need to hire a lawyer to defend the suit if the insurer doesn't immediately give you written confirmation it will do so.

You can also contact the hospital - get copies of all correspondence with the insurer, and a copy of the bounced check.

Do not wait or hope for the best - you need to act now.

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Answered on 2/18/03, 3:33 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Why am I being sued?

You should defend yourself competently!!! Contact the insurance company as well as the hospital to resolve the situation ASAP!! Within 30 days after you being served ...response to the complaint is due.

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Answered on 2/18/03, 5:35 pm


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