Legal Question in Family Law in Virginia
Insurance Company Overruled Court Order
I've held primary insurance for my daughter since my divorce 10 years ago. In July 2008, a court order modified that agreement stating I provide secondary and father shall provide primary. Now father is seeking medical reimbursement and I'm being told that the insurance company has ''overruled'' the court order stating. The insurance company is processiing all 2008 claims as father is primary; mother is secondary. This is in direct violation of our court order. Also, I have not received any documentation from the insurance company that this decision was made.
Also, he sought medical care (therapy) for our daughter and son without telling me (i found out months later), without my consent and did not use my insurance as he was supposed to. Now he wants to be reimbursed for this (approximately $1500). It states in our agreement that both parties must be in consent. Your help is much appreciated.
1 Answer from Attorneys
Re: Insurance Company Overruled Court Order
Merely because a particular insurance carrier is processing particular claims in a certain way in no way indicates that the carrier is "violating a court order" or has "overruled the court order."
What it more likely means is that the policy holder(the father apparently in this case) has failed to apprise his carrier of the modified agreement and therefore the company is not processing the claims in conformance with these modifications.
If the above is true, the father's claims for reimbursement or special compensation for these various insurance claims that are not in accord with the modified agreement should very likely be summarily rejected.
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