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Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6392
Experience:  20 years of proefessional experience
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My Medicare Supplement insurance for 2016 was first left as

Customer Question

My Medicare Supplement insurance for 2016 was first left as a carryover with Bankers life.
The premium was paid by check on Dec. 14th 2015. The premium was $4860.94. Several days later I made the decision to change to United health care for a much lower premium for the same coverage. The application for this new company shows clearly that It would be a new policy replacing another policy. The mechanism for cancellation of the first policy failed to operate. I did not use the first policy and applied for cancellation and rebate about 2 months ago. This has not happened and I still receive documentation from Bankers life signifying that the policy is still in effect. What steps should I take to correct this situation and receive a full rebate?
Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  Maverick replied 10 months ago.

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Expert:  Maverick replied 10 months ago.

Read your banker's life policy carefully when you get it as it should provide that you can return a Medicare supplement policy for any reason within 30 days and receive a full refund. If they failed to comply with your timely request to cancel, then you can file what is known as a declaratory judgment action and seek a court order that forces it to issue a refund. Under TX law a declaratory judgment action allow for your lawyer's fees to be paid by the losing side. So, this should give you some leverage in getting the refund sooner rather than later.

I would suggest that you pay a local medicare law attorney about $150.00 to send a demand letter asking for the refund. We are not permitted to represent JA's customers.

Here is the TX declaratory judgment law.

You may also be able to file a complaint with the TX Dept. of Insurance.

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