What can I do if I’m supposed to receive student health insurance through my university but they have failed to do my paperwork?
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What can I do if I’m supposed to receive student health insurance through my university but they have failed to do my paperwork?
I have been paying for it for over 2 years now. This is the second time I tried to use it and have been informed that my insurance is showing as not active. I got into a car accident 3 days ago and tried to seek medical attention but was informed by the health insurance company that it is not active because they are waiting for the university to send the documents over. I called and sent emails to the university with no response. Is this grounds for a lawsuit?
Asked on January 14, 2016 under Insurance Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
d on what you write, it would be grounds for a lawsuit: if the university is supposed to be providing you with insurance and you are honoring your obligations in regards to it (i.e. you've been paying), then if they fail to do so, they are in breach of contract (the agreement to provide insurance) and likely also have been unjustly enriched (they held onto your money without providing anything of value in return). That would provide a basis to sue them to force them to absorb any and all costs that would have been paid for you, had they procured insurance as they were supposed to, and/or for a return of the premiums you paid.
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