Caldwell v. Mutual Benefit Life Ins. Co.

177 Cal.App.3d 381 (1986) 223 Cal. Rptr. 7 JOHN A. CALDWELL, Plaintiff and Appellant,

v.

MUTUAL BENEFIT LIFE INSURANCE COMPANY, Defendant and Respondent.

Docket No. B013974. Court of Appeals of California, Second District, Division Five.

February 7, 1986. [382] COUNSEL

C. Robert Ferguson for Plaintiff and Appellant.

Adams, Duque & Hazeltine, Jeffrey P. Smith and James E. Curry for Defendants and Respondents.

OPINION

EAGLESON, J.

We hold that an employer's group health insurer is not required to provide individual health coverage to a former employee who received a certificate notifying him of his privilege to convert his group coverage to individual coverage because he failed to apply for such coverage within 31 days after his group insurance terminated. The summary judgment entered in favor of respondent Mutual Benefit Life Insurance Company is therefore affirmed.

[383] FACTS

On April 1, 1982, respondent provided major medical insurance coverage to the employees of United Bus Corporation. As an employee of United, appellant John Caldwell received a certificate explaining the types of coverage available under the policy. The certificate described, among other things, appellant's right to convert his group coverage to individual coverage within 31 days following termination of his group insurance.

On March 25, 1983, appellant's employment with United terminated. Other than the information contained in the certificate, appellant was not notified of his right to purchase an individual policy. Appellant never requested such coverage from respondent.