Legal Question in Insurance Law in Oregon

Re: Overpayment by Insurance

Boy, you know you don't give me the big picture here, so it's hard to give you a clear answer. Let me try: I presume your daughter was injured in connection with some school activity, and that for that reason or for some other reason, the school had some obligation to pay your health insurance co-pay. If that is the case, I'm wondering if there is some larger injury claim for your daughter's pain and suffering that you are not seeing. Why is the school paying? If they are paying, perhaps it is because they recognize they have some liability. Either that, or you've put them under some political pressure. You should go over this aspect with a lawyer at your earliest convenience, since there are some short time deadlines which may apply.

As to the overpayment, my opinion is that you don't get to keep it. It was inadvertently overpaid. I agree that most insurance companies are a pain to deal with -- I know, I deal with them for a living -- but it doesn't mean you get to be compensated just for having to put up with them. As an ethical matter, the overpayment should be paid back. As a legal matter, the insurance company could theoretically make a claim against you or sue you for it. As a practical matter, if we're talking about just a few dollars, it might never come up. Talk to your lawyer about it. Good luck.

Sam Hochberg