Legal Question in Insurance Law in Nebraska

ex-wife using insurance card

My husband's ex-wife was removed from his medical insurance in 1994. We recently learned that she has been using his insurance card. The insurance company has been paying their part. In the past his checks were garnished for unpaid doctor bills totalling over $3000. He never received bills for these, the courts garnished his checks through his company he works for. Who is responsible for this mistake? The insurance company, her, or the doctors who garnished his wages? And what should we do to get back the money?


Asked on 6/20/01, 4:01 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: ex-wife using insurance card

The doctors and the insurer, if the doctors relied on what the insurer told them about the ex being still covered.

Contact an attorney and have him deal with the lawyers for the doctors, or probably their collection agency. If what you claim is true, then you have a suit for wrongful attachment/garnishment and malicious prosecution. Your lawyer can get the judgment against your husband set aside - without notice the judgments are not valid.

I would do this ASAP - your rights will be lost unless you act promptly to protect them.

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Answered on 7/09/01, 3:47 pm


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