Stevens, PA asked in Health Care Law, Divorce and Family Law for New York

Q: Health insurance policy states legal separation as a qualifying event for removal of spouse; can NY law override that?

Can NY law override a BCBS national insurance policy? Their policy states: Loss of eligibility as a result of:

Legal separation, divorce, or dissolution of a Civil Union.

4 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: NY law would control.

Tim Akpinar agrees with this answer

Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Estate Planning Lawyer
  • Commack, NY
  • Licensed in New York

A: It is likely referring to a court order of separation, not simply an agreement.

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: Law generally controls - health insurance policies tend to be compliant. They are usually carefully underwritten and the industry is governed by strict laws. Good luck

Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: Addendum - an attorney who is handling your matter could offer more definitive and meaningful guidance, based on reviewing the specific laws and health insurance policy, rather than general responses to a brief post on a public forum. Good luck

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