No health insurance...do I have a case?

[Darla Dorcey]

I would like to know if I have a case...I walked into an insurance office during the middle of August, sat with an agent, filled out forms for health insurance, paid for 2 months insurance and was told my policy was bound. While out of town during the second week of September, I check my phone message and returned one to the aforementioned insurance company who told me that they had forgotten to get a saliva sample while I was in the office. I had never heard of such a thing. I hadn't filed any medical insurance claims in over 10 years...they told me that it was required to test for nicotine,cocaine and AIDS. I didn't feel comfortable with this, but said that when I got back I would get in to see my agent. Meanwhile, I continue to pay my monthly premiums. (No I am not a user of drugs and I don't have AIDS, I just don't think that it's any of their business.)

Last week I received a check from the company that stated that it was for refund benifits...something that this company does regularly for policies with no claims, (I have other policies with this company). Then, today, I receive a letter from the company stating that I have never been covered. The letter was dated 2 weeks ago. In the meantime, I am forced not to work because I cannot risk injury until I get coverage. I also partook in a competitive event last weekend where, if I had been hurt, I would not have had any coverage. I was told by mu agent today that had I had a claim prior to the date of the letter, said claims would be paid upon results of saliva test being conducted. Any thoughts? Do I have any legal recourse here? I am losing income over this as well.
Any and all input would be appreciated.

 

[ALawyer]

Had you reasonably thought you were insured and a claim arose, it probably would have been covered by the insurance agent who negligently said you were bound.

Your loss of income because you did not go to work as you had no insurance is not a reasonable element of damages under any circumstances.


The insurance company sets its underwriting rules and if you do not like them, and refuse to comply, that's not their problem.

You might check with your state insurance department too.

------------------
To retain a lawyer, I suggest you go to http://AttorneyPages.com which is endorsed by the Association of Trial Lawyers of America. This response is intended as general information only and NOT LEGAL ADVICE. As you are not my client I have no obligation of any kind to you.