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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I fell more than 90 days past due on a health insurance

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I fell more than 90 days past due on a health insurance policy, but still received a bill through the end of the following month. I paid the bill in full, which was cashed and caught me up through the current month, but having been told I was having some insurance issues with a provider, checked only to be told by the insurance company that the policy had been cancelled. As they cashed a check for payment, are they required to provide coverage?
JA: What state are you in? It matters because laws vary by location.
Customer: Florida
JA: Has anything been filed or reported?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have been receiving statements from the insurance company indicating that provider services were being paid with a brake down of the insurance and my obligations.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades. Please don't confuse excellent service with a satisfactory outcome based on your wants and desires. I can only explain the law to you---not guarantee that you will be happy with the outcome---any more than a cancer surgeon can guarantee a cure.

Once you fell 90 days in arrears on the premium, the insurance company had the right to terminate your policy. The fact that they cashed a late check was just how the company processes checks and does not mean that you have a legal argument against cancellation.

Unfortunately, they may retroactively cancel the policy----even though your late check was cashed, and not provide you coverage after the cancellation. Their only obligation is to return your premium that you paid.

You may reply back to me again if you have additional questions, and I will continue to assist you.

I am not an employee of this site and I am only paid for helping you when you rate my service to you. Please remember to rate my service to you by clicking on the rating stars on your screen (preferably 5-Stars) so that I can be compensated for helping you. Thank you in advance.

I wish you and yours well in 2017,


LawTalk and 3 other Legal Specialists are ready to help you
Customer: replied 4 months ago.
If they paid providers for services, can they require that the provider refund payment?

Good morning,

Yes, unfortunately, payments made during a period of the policy which was ultimately cancelled and result in the insurance company demanding that the providers return the payments based on the cancellation.

So if the cancellation date was made retroactive to the first month of the 3 months that you did not pay the premium---resulting in the cancellation, the insurance company may ask the providers to refund those payments.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope that you will ask for me on JustAnswer should a future need ever arise. I am generally available at least 6 days a week, and often 7, and it would be my privilege to assist you again in the future.

I welcome you to request my assistance in any future legal questions you may have, by simply asking for me by name, Doug, in the first sentence of your new question.

Thanks again.