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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 5267
Experience:  Licensed to practice before state and federal court
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I have been a parent for 14 yrs and had legal guardianship

Customer Question

I have been a foster parent for 14 yrs and had legal guardianship of one of my kids he was on my insurance and past almost 8 months ago because I did not adopt him the insurance does not want to pay is that not correct
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: no not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes sorry and if that is the case why and how did they let me cover him for 4 yrs
Submitted: 2 months ago.
Category: Family Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. I'm sorry to hear about your situation. Generally, this is going to be up to the plan policy to determine whether they can cover children that you have not adopted. Usually, most insurance companies will rely on the dependents to determine whether they are going to be covered. For example, some people have guardianship over their parents and therefore they are considered dependents. I hate not being able to answer the question for you specifically, but I would recommend speaking with the plan administrator to ask,” why would a child over whom I have gaurdianship not be a dependent?”

If things get tense, youc an say, “This appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?