My daughter has been covered under her husbands health care coverage I understand by Ohio law he cannot legally stop coverage he carried on her as primary insurance plan holder Her husband began new employment in February 2019 switching his insurance coverage & told my daughter she was put on the new plan until the dissolution was final at which time she could obtain her own insurance via a "qualifying life change event" clause since Open Enrollment is closed both thru her employer and the Obamacare system. She was informed by new insurance company yesterday that she was never put on the plan.
As this was clearly deception on his part, what action can she take to access coverage?
She should talk to her attorney, as he has probably violated a court order.
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create, and the user of Avvo understands and agrees that this response does not create, an attorney-client relationship. Legal issues depend on all the specific facts of a situation, and it is not possible to cover all the facts and issues on Avvo. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state. Mr. Jaap is licensed to practice law in Ohio. He and his law firm gladly accept new clients, but they cannot accept any representation until they confirm that it will not create a conflict of interest with their existing client relationships and obtain a signed representation agreement. Accordingly, do not send them any confidential information unless and until they have confirmed their representation of you in writing.
If she is in Court and there remain existing Court Orders, the Husband may be found in Contempt. If the case is, as you represent, a "Dissolution", and everything was agreed to in advance, it is likely completed. If it is a Divorce, she should call her Divorce lawyer and file for Contempt and demand sanctions. If she was forced to pay moneys because of the lack of coverage, it may be damages. If she never used the coverage, then there may not be actual damages. It depends. Tell her to call her lawyer-- that's what she paid him or her for, presumably. Good Luck.
The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction in which your legal action is located. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. This Office does not provide free legal advice by telephone. A 15 Minute Consultation can be obtained at no cost for certain types of legal cases, but to obtain same, an Office appointment is required. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney. The advice provided on line in response to the limited information is provided without charge. It is also provided without the benefit of face to face discussions, so before you act--consult an attorney in person.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline