Legal Question in Insurance Law in Virginia

Medical

I was laid off on March 20 of this year. I had a heart attack on April 7 of this year. The premiums for medical coverage from my job job were taken out of my pay for my last 4 pay checks. My insurance company is telling me I had no coverage on the date I had the heart attack. The hospital is giving me 30 days to pay(47000.00). I say I had insurance as long as they continued to take the premiums out of my pay or for 1 month past my layoff date(4-20-01). Please tell me what recourse do I have if any.

D Jackson


Asked on 7/13/01, 9:58 pm

1 Answer from Attorneys
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Medical

Two things are important in answering the question. 1) Did your employer notify you of your right to continue medical insurance under COBRA (that is the name of a law that requires employers to notify departing employees). It would have been at your expense but you could have continued the benefits for up to 18 months. 2)do you believe that the take out from your last 4 paychecks was for April's insurance premium. What do the check stubs say ? What does your former employer say ? And while you are asking them ask them about your COBRA notice.

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Answered on 7/16/01, 6:10 pm


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