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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 112649
Experience:  Attorney experienced in commercial litigation.
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Cigna Group Insurance committed fraud when it stopped paying

Customer Question

Cigna Group Insurance committed fraud when it stopped paying my wife disability insurance. Is there a statute of limitations involved? Cigna is a NY company and we live in California.
Submitted: 11 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us about this issue? What happened? What have you done so far?
Customer: replied 11 months ago.
We have been fighting with Cigna for years. We asked for assistance from New York Department of Services and got no help. Cigna is in New York also!! Just last month Cigna was banned from Medicare sales for systemic failures. Cigna must be in bed with New Yorkl
Customer: replied 11 months ago.
Just give me your response, I am probably going to use an attorney if the statues of fraud have not expired.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
I need a bit more information, because while I know CIGNA is in NY, if they wrote the policy in CA, then CA law can apply, meaning a different statute of limitations.
Also, how long ago was the fraud discovered, so I can give you the proper information about the statute of limitations?
Customer: replied 11 months ago.
The policy was thru my wifes employer.....GANZ, Inc. a New York Corp.
Customer: replied 11 months ago.
Are you there?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply
So you have to file in NY, which has a 6 year statute of limitations for breach of contract. Insurance is a breach of contract and as such, when they do not pay as they are supposed to pay it is treated as a breach of contract. So you have 6 years from the date of the breach, which arguably right now is ongoing, to sue in NY. Fraud also has a 6 year statute of limitations in NY from the date of the discovery of the fraud.
You would thus need a local attorney in NY to file suit provided you are within the statute of limitations, which you likely are at least within the statute of limitations for breach of contract because they are continuing to breach the contract in not paying on the policy as required to.

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