What is the statute of limitation for an insurance company to request a refund for an overpayment of a claim?

Answer 1

It depends upon the law in the state where the policy was issued. For example, my state gives 6 months to request a refund if the claim was paid by mistake; 18 months if the insurer finds out another insurer is primary; and an unlimited amount of time with NO limitations if the claim was either fraudulent or miscoded.

Call your state's insurance commissioner's office for guidance.

I hope this helps.

Answer 2

There is a limit in all of these cases.

In no case will there be no limit.

The insurer must follow the law of the state in which the policy was written.

Some states have generous statutes of limitation (my state has an enormously long SIX YEARS), but some are as quick as one year.

You should call your state Department of Insurance and ask for the Consumer Division. Then, ask them. They'll easily be able to tell you this and if the insurer is asking long after their limit has run out, they can take an enforcement action against the insurer for doing so.

Answer 3

That's going to depend on your location - but in most cases, there isn't one.

If it's a small amount you're talking about, like under $100, they probably won't chase after it. If it's a case where they stuck an extra zero or two at the end of the check in error, you should hear from them within 18 months or so.

Answer 4

Unlimited as far as I know, usually these money/;legal things are stacked in favor of the state/institution rather than Joe/Josephine blogs.

Answer 5

No limit. No one regulates these insurance companies, so they can do pretty much whatever they want.