Legal Question in Insurance Law in Massachusetts

I was changing jobs in May off 2010. My former boss called to cancel me off of his health care plan with Blue Cross Blue Shield at the end of May and paid for that month. His agent dated the form as May 1st because it was easier for him (that was apparently the term date). My boss was refunded the premium 3 months later and his secretary filed it so he did not realize he got one, nor was he expecting one. In June of 2011 I received over $5000 in bills from a surgery my wife had in may of 2010 because BCBS took back all the payment made a year prior. The surgery required an approval from the insurance company at the time. I called myself at the time and my policy was current. The surgery Center call for approval and received it from BCBS.

I guess my question is can the insurance company retro cancel a policy that was paid for and current when used? BCBS said all I had to do was have my boss call and say he intended for me to be cover through May. My boss called and they said they have a dated form from him and there is nothing they can do for us. It was dated by the agent.


Asked on 7/06/11, 3:49 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

It sounds expedient. I suggest you have your boss pay since it was in part his fault. Or send them both a consumer fraud letter of demand. You should consult an attorney

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Answered on 7/12/11, 6:44 pm


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