Legal Question in Insurance Law in California

Is there a statute of limitations for a Health Insurance Company, to request a refund on a payment they made in error?

One year and three months ago, I received an MRI, and my Health Insurance Company paid the

Medical Group for their services. Now, after all this time, my Insurance Co. said the treatment was not an approved procedure. They are requesting that I refund the payment they made to the Medical Group for the MRI.

After all this time (1 year and 3 months) is the Health Insurance Company still legally within the time frame for requesting a refund for a payment they made in error?

If still bound by law, to refund the payment to the Health Insurance Company, shouldn't the Insurance Company demand the refund from the Medical Group and in turn, I would be responsible for reimbursing the Medical Group?

Thank you


Asked on 3/19/11, 10:13 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

"Bound by law"? Says who? I would not willingly pay the insurance company. I would write to the state insurance commissioner, and I would have a lawyer write them a letter telling them to go pound sand; and reminding them that insurance companies can be sued for "bad faith" in dealings with policyholders.

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Answered on 3/19/11, 10:20 pm


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