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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I lived in new jersey till February. I then bought a house

Customer Question

I lived in new jersey till February. I then bought a house in Florida and have been living there till present in the process I changed all my accounts and insurances to the new address. now my issue is I have been paying for dental insurance since before I moved and I have changed my address with that insurance company (delta dental) I have kept all my payments up to date. now they are sending me a letter saying they don't have coverage in Florida and will not pay any of my claims. shouldn't they have to rebate me back the monies I have paid since I changed address with their company?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly, no, they do not. That is because they still legally provided you with coverage, but in New Jersey. Most insurers do not work across state lines, but it is your responsibility to inform them that you are moving. If that does not take place, they are not responsible for coverage. And therefore, since they still performed their portion of the contract, they do not have to pay back funds if coverage was extended to you, just not in the new state that you moved to. I am sorry about that!

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
even if I informed them of change of address?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

That is a tough call, to be honest. Unless you directly asked them for coverage, they can justify lack of removal by stating that they were not sure if this was your new mailing address or new residential location, especially as some live part of the year in New Jersey and part in Florida. I see your point, and I do believe you can request a partial refund, but I am not confident that you would be able to obtain it unless you asked them to see if your coverage extends to the new state and they stated to you that it would.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
the thing is I sold my house in jersey and am no longer a resident there are you saying that I'm out of luck because I was not aware that I was paying for insurance in new jersey that I thought would cover me in florida?
Expert:  Dimitry K., Esq. replied 1 year ago.

That is correct, I am afraid. The burden is on you to inform AND find out if coverage transfers. Much like car insurance, dental and medical are state limited and therefore if that was never changed over, the insurer can refuse to cover, and definitely can refuse to refund.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
I see the law is there for criminals and injust not for honest folk
Customer: replied 1 year ago.
now I pay to find out what I already knew
Expert:  Dimitry K., Esq. replied 1 year ago.

My apologies but I do not make the law, I am here to explain it. Sometimes the law is not in your favor but kindly do not blame the messenger. Please take care and be well. Sincerely, *****