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Ellen
Ellen, Lawyer, Consultant
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My ex-wife was beneficiary in my health insurance, she is accused

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My ex-wife was beneficiary in my health insurance, she is accused by the insurance company and my employer about fraud. I was separate and the divorced of my ex-wife during the period of the supposed fraud was did the only contact that I have with her is by mail or phone to pay the pension of my son. The insurance company and my ex-wife did the transactions concerning the bills directly without my intervention and the insurance company pay also directly to the bank account of my ex-wife. None intervention was did from my side. The insurance company took 3 years to detected the fraud.
The insurance company contacted my ex-wife to request to pay the bill supposed frauds and informed me, then because my ex-wife don't pay the insurance transferred the case to my employer and they ask me to pay, I have refused and I said that it is the responsibility of my ex-wife and the insurance company for mismanagement on the control of fraud and have the contact directly with my ex-wife.
Do you think that I have any responsibility ? Can I go legally again the insurance company for mismanagement and control of fraud ?. What is the position that I can have in front of my employer ?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

I am a New York licensed attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Don't Forget that the deposit you placed to ask this question is not used to compensate me until you rate my service ! Please Remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law .

Your Question - Do you think that I have any responsibility ?

My Answer - No

Explanation - A person typically cannot be held responsible for the criminal or fraudulent acts of a spouse or former spouse

Your Question - Can I go legally again the insurance company for mismanagement and control of fraud ?

My Answer - Yes if you suffered a financial loss as a result of the fraud

Explanation - The insurance company appears negligent in not discovering the fraudulent acts for 3 years

Your Question - What is the position that I can have in front of my employer ?

My Answer - You can inform your employer that you had no knowledge of the fraud and are not married to the person

Explanation - Typically an insured would have no duty to uncover fraud committed against an insurance company.

I would be glad to respond to any related follow-up questions that you may have.


Customer: replied 3 years ago.
Thanks for your answer, I need some other complementary information. My company launched one investigation to know the responsibility. First, they asked me to deduce from my salary every month one amount to reimburse the fraud, I have refused to accept it, so it is after my refuse that they started the investigation, I did the correct to refuse to accept pay ?. Second, they ask me the contact adress of my ex-wife, I have the obligation to give it ?. Second if I finish my contract with my company can they deduct from my pension fund or others payments that I have right ?. Thanks


Thanks for your answer, I need some other complementary information.
It is my pleasure. When we are done with our conversation, please remember to leave a favorable rating for my service. This instructs the site to pay me for my time regardless of your arrangement with the site.


Your Question - I did the correct to refuse to accept pay ?

My Answer - It appears that you did

Explanation - You do not appear legally responsible to pay for the intentional and fraudulent activity of your former wife. Nor would you typically have any responsibility to verify correctness of the insurance company's payments– that is the job of the insurance company


Your Question - Second, they ask me the contact adress of my ex-wife, I have the obligation to give it ?

My Answer - Typically no

Explanation - However you may want to furnish her last known address so that they may contact her instead of you


Your Question - Second if I finish my contract with my company can they deduct from my pension fund or others payments that I have right ?

My Answer - Typically no

Explanation - I do not see any legal basis for such action



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