Legal Question in Insurance Law in Louisiana

health insurance

my insurance ended last April when i quit my job. i got married in August and his insurance kicked in Sept. 1. now the insurance co. sent me papers to sign in regards to a claim. one was to state that the claim wasn't for a pre-existing condition. i signed it and sent it back. the other one was to give them permission to find my medical history from anywhere they can think of. i didn't send that one back. they aren't paying the claim until they get it. can i get them to pay without that paper?


Asked on 3/23/09, 2:28 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: health insurance

First, send them proof that you had insurance until April.

Second, they probably are allowed to check those records for a certain length of time (generally 6 months to 1 year) to seek pre-existing conditions. This is a matter of contract law involving your husband's insurance policy, which was probably negotiated by his employer. Essentially, the contract is the law. If you don't send the records' release they can deny your claims.

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Answered on 3/24/09, 8:52 am


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