Legal Question in Credit and Debt Law in Indiana

Being sued for debt that was covered by insurance

Hi, I am needing help on a dental insucance case. I had coverage at the time of my dental procedures, the dental office was submiting them to the wrong insurance. When I realized what was going on, I told the dental office the correct insurance to submit them to. The lady in the office at the dentist told me that it was not her job to resubmit them just because she had been sending them to the wrong insurance. So I attempted to take care of the situation and thought everything was ok, I tried contacting the dental office to confirm that but the lady in the office would not say anything. My insurance that I was dealing with assured me that everything was taken care of. Then a year later, I received a letter in the mail that I need to apear in court, I am being sued by my dentist. I called the insurance company back and they said I need to submit another form to re-open the claim but they should be able to take care of it. In the mean time, I have not received the papers back from the insucance and my court date has arived. I'm not sure how to handle this.

Thank you for your help


Asked on 4/13/06, 6:42 am

1 Answer from Attorneys
Voyle A. Glover Attorney at Law

Re: Being sued for debt that was covered by insurance

I'd immediately file for a continuance and at the same time, file a third party complaint. This is where, in the same cause of action, same court, you file a complaint against the insurance company, and you allege that even if you are endebted to the dentist for the said sum, a third party, the insurance company, is the one who really owes the bill because they were supposed to pay this; allege in your motion to continue that this was all due to the plaintiff's (dentist) failure to file with the correct insurance company and their refusal thereafter to file with the correct insurance company; you may have grounds to allege that if you'd known the true facts, i.e., that the dentist would be negligent in their handling of the paperwork for submiting a claim, or that they would not hononr their promise to submit your claim to your insurance company, you'd never have permitted them to work on your teeth and allege that they contributed to this issue and allege you need time to bring in a necessary third party to this action.

Good luck.

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Answered on 4/13/06, 10:49 am


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