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I have individual health insurance in the state of South…

I have individual health...

I have individual health insurance in the state of South Carolina. I switched to a new insurnace carrier and cancled the old by mail. I did not relaize until recently that they did not cancel the old policy and have been charging me along with the new insurance. So I have been paying both. They will not budge and say COB is legal and are using that as the grounds for not allowing the over due refund. Do I have an legal grounds to fight this?

Lawyer's Assistant: What state is this in? And just to clarify, when was the purchase made?

New policy started in Jan I believe need to check- yes we have paid on both for 11 months

Lawyer's Assistant: Have you contacted the manufacturer?

Manfufacture?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Know I think that covers it

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Answered in 38 minutes by:
12/11/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,385
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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I'm sorry to hear about your situation. This appears to be a classic breach of contract if you cancelled the agreement, but they continued to charge you after your obligation to pay was cut off. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, including any money that they took out as a result of the breach of contract. 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. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 2 months ago
Hello and thanks for your help

Hello! Did you get a chance to see my answer to your question?

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Customer reply replied 2 months ago
I just did - thanks- so to be clear if I mailed in the cancelation and they say they didn't get it is that still breach?

Yes, but let me clarify, generally, when you mail something like this, it is going to be considered effective upon receipt; however, because of the reliability of the U.S. mail, it is likely that a court would find that if you put it in the mail, their answer of "I never got it," may not be a viable defense. If you have at least some proof that you mailed it such as a receipt from the UPS store for example, then a court would reasonably conclude that it was received and they engaged in a breach.

What other questions did you have for me today?

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Customer reply replied 2 months ago
If I don't have that proof it's their word against mine and what are my chances of getting a refund?

I think your chances are good in part because the reliability of the U.S. mail is something that will prohibit a party from claiming they never received the documentation. If you have at least some idea of the date, time, and location you dropped off the mail, then you may have a good case. Most of the time, these things settle in mediation and they may just provide you at least some refund. Going to court is one option, but sometimes, negotiation is the best. To elaborate, one little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

Did you have any other questions for me at all?

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Customer reply replied 2 months ago
Your Awesome! Thank you very much and I will put yur advice to work and see how far I get.

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

  4. Don’t forget to tell your friends about justanswer.com!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 8,385
Experience: Licensed to practice before state and federal court
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