I was cancelled off of COBRA insurance because ex failed to pay premiums - is there a way to reinstate ins.?

Question

My ex was court ordered to leave me on his insurance until everything was sorted out in court. He cancelled me anyway. The bills were forwarded to his lawyer for settlement but were not paid and the insurance has now cancelled me off of the policy due to untimely payments (I ended up borrowing the money to pay but was past the 45 day deadline by the time I found out it hadn't been paid). I was told that the premiums cannot be caught up to have benefits reinstated now. Does anyone know of any recourse that might be possible. I am still in court over most of this but it is a long and expensive process. I am still undergoing post-cancer treatments and care which, of course, are unaffordable without insurance. I was told my ex will probably have to pay for all or most of the bills for care that I had during the past 3 1/2 months but that won't help me get the insurance back for the treatments and surgeries I still need to have. Any advice? Does anyone know of a way to have the benefits reinstated (I don't know if the courts can step in or if they would have any jurisdiction)?

Thank you in advance . . . .

Answer 1

Sorry to hear that. Depending on the state in which you live, you may have options. I would contact the Department of Insurance to see what your state offers in the way of conversion policies. They can also explain your options.

You need to be quick about this. In my state you only have 63 days from the time your coverage ends to file with the state and then only after your COBRA has been used for the entire period.

At a minimum, the courts can fine your ex. But very few individuals have the resources to pay for cancer treatment even if they take every thing he has. I also doubt you can force COBRA to reinstate you. They are a business and must operate by the rules - no more and no less.

Answer 2

COBRA cannot be reinstated.  If you had made the payments when he failed to do so, the judge would have ordered you to repay him.  As things stand now, the judge might order him to pay for the treatments, etc., that you still need and that would have been covered by insurance if he had paid the premiums.  You can try to get other health insurance (not COBRA), which may be impossible and will certainly be expensive.  If you are able to get health insurance, no matter how expensive, the judge might order him to pay for it.

Answer 3

Even though he ignored the specific instructions of the Judge - the court order still stands and you  will be somehow be re-imbursed for the health insurance payments.

Court orders that are totally ignored are not well received eith by the courts or the insurance companies.  You own lawyer should have been on top of this.

I would write a registered letter to the judge who issued the court order.  He will find a way out of this for you.

Send a copy to lawyer of the ex.

Good luck