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Posted by allout on April 21, 2004 at 03:02:54:

I was told to make my initial COBRA payment by way of a check to my employer and I did. My employer admits they cashed my check and did not forward the payment to my insurance! My insurance retroactively terminated my coverage due to not receiving the initial payment in time.

1) Are there any penalties for my employer? (I wouldn't ask this if it weren't the case that this employer is in my opinion totally irresponsible about everything)

2) As it happens, my former insurance terminated my coverage more or less right when my employer switched insurance for everyone during open enrollment. I had my application in to the new insurance before I even heard about this problem with the old insurance. Can the new insurance cancel my coverage if they find out about the lapse in coverage? Do I have an obligation to tell them about it? Does my employer have an obligation to tell them about it? I would be very appreciative of any advice.


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