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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33759
Experience:  Began practicing law in 1992
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I HAVE HAD SUPPLEMENTAL HEALTH INS FROM THE CO MY HUSBAND

Customer Question

I HAVE HAD SUPPLEMENTAL HEALTH INS FROM THE CO MY HUSBAND RETIRED FROM, I HAVE HAD THIS INS COVERAGE SINCE i HAVE BEEN A WIDOW FOR 18 YEARS, I AM TO HAVE THIS COVERAGE FOR THE REST OF MY LIFE, UNLESS I REMARRY. I GOT RE MARRIED AND LOST MY COVERAGE, BUT NOW I AM GETTING AN ANNULMENT, AS IT DIDN'T WORK OUT, I HAVE BEEN MARRIED FOR 6 MONTHS, I HAVE BEEN TOLD THAT I SHOULD BE ABLE TO GET MY INS COVERAGE BACK, AS AN ANNULKMENT IS LIKE IT DIDN'T HAPPEN, BUT THE CO SAYS NO, SHOULD I TRY THROUGH ATTORNEYS PRUSUE THIS FARTHER, OR IS THIS THE NORMAL RULE
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: tHIS kANSAS, AND THE CO IS WESTAR THE ELECTRIC CO
JA: Has anything been filed or reported?
Customer: NO, I JUST MADE A PHONE CALL TO THE HUMAN RESOURCE OFFICE IN TOPEKA, KS
JA: Anything else you want the lawyer to know before I connect you?
Customer: I DONT THINK SO
Submitted: 4 months ago.
Category: Legal
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 4 months ago.

I agree that an annulment is the legal equivalent of not having been married. However, you will have to check the language of the insurance plan or policy to know or sure whether they will have to reinstate your insurance.

Some policies have language that specifically state a marriage, even if ended by death, divorce, or annulment, is disqualification from further insurance coverage. If the language does cover an annulment then it is not likely you would be able to get it reinstated.

Some policies also have language stating that they cannot be reinstated after a certain period of time, usually 90 days or 180 days, so that could also be a problem.

What I'd suggest you do is find a local lawyer that does Consumer Law or ERISA Law, you can find one at www.lawyers.com, and have them get a copy of the policy and then read through it to see if it has an exclusion like the ones I describe above. If it does then it probably isn't worth pursuing any further. If it does not, then often just another letter from the attorney pointing out the laws that apply and the language of the policy that applies to your facts will get the matter resoled.