Legal Question in Employment Law in California

Can the large corporation I retired from rescind my health insurance(from the date it began)due to a payment lapse of 43 days? The company subsidizes part of the premium as a benefit. Do I have any rights at all or since they are the administrator of this benefit can they drop me without any recourse? (I did send in an appeal 30 days ago and they haven't responded yet). If I do have a case where would I go for legal help? I've never been in arrears and my credit score is excellent. Am I just out of luck?


Asked on 2/18/14, 3:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you failed to pay the required premium, and are in default on it, then your policy MAY allow cancellation. The only way to answer your question is to review the policy and documentation, as well as the facts.

IF the company or plan failed to pay and maintain the insurance somehow, then you probably have a claim. Your remedy might be to make them re-insure and pay any claims incurred while it was lapsed.

If serious about hiring counsel to help in this, and if this is in SoCal, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 2/18/14, 4:18 pm


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