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JD
JD, Lawyer
Category: Legal
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Experience:  Over 11 years in practice as a litigator ... civil and criminal
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I received an invalidity of marriage and I need to have my

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I received an invalidity of marriage and I need to have my previous
health and dental benefits restored to me. The ex's group insurance has
acknowledged the invalidity and has denied me even cobra or giving me
a certificate of eligibility. In fact that insurance company has asked for refunds from providers and now the providers are attempting to back charge me. I have sent all documents to the benefits dept. that I was insured through prior to the marriage. I was the surviving spouse
of a retired salaried employee and I was able to retain continuing
benefits as long as I did not marry. Doesn't the certificate of invalidity
protect me in getting my benefits back and what else shall I do

What was the basis of the invalidity?

Customer: replied 8 years ago.
invalidity based on fraud in the inducement to marry.

You will need to consult an attorney in your area and take two things for the consultation.

 

1) Take a copy of the insurance policies at issue.

 

2) Take a certified copy of the Invalidity of Marriage.

 

Invalidity of marriage is what many states refer to as annulment and basically states that you were never legally married (you know this). The problem here is that we are dealing with whatever your contract states with the insurance company (policy). It will take a careful review of the exact conditions listed in the policy to determine what specific conditions exist.

 

If the policy lists language requiring a "legal marriage" or even "marriage" then you could have your attorney write a letter to the insurance company that demanded your immediate reinstatement. If the policy had other language that permits them to cancel you then you will have to search for other options.

 

Assuming the policy speaks of "marriage" I think a basic analysis here leads to the conclusion that you were never married and therefore never breached the agreement with the insurance company. Therefore you would be entitled to have your policy reinstated. Understand that insurance companies do not make their money by granting benefits and paying claims... so you may have to sue them to get your benefits back.

 

The first step is to consult local counsel and have them thoroughly review your policy documentation. Your attorney may also wish to contact the treatment providers to let them know of the dispute so you will not have collection agencies harassing you.

 

Please reply if I can help further.

 

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