Out of State

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Steve Shorr Insurance

 

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If you worked for an out of State Company, they don't have to offer you the additional 18 months of Cal Cobra coverage.

Insurance Code §10112.5(b) says that the CA Insurance Code shall not apply to a policy ... that covers hospital, medical, or surgical expenses and that is issued outside of California to an employer whose principle place of business and majority of employees are located outside of California.

You should still qualify for HIPAA

Case Law - Stare Decisis

Accident policy, applied for and delivered in California where premiums were paid, was California contract, as regards question what law governed. Palmquist v. Standard Acc. Ins. Co., S.D.Cal.1933, 3 F.Supp. 356.

A resident of Missouri signed in that state an application for life insurance. The policy was executed by the insurer at its office in New York, and transmitted to Missouri, where it was delivered to the assured, and where the premiums thereon were paid.
Held, that the policy only became a completed contract on its delivery and the payment of the premium in Missouri, so that it is a Missouri contract, and governed by the laws of that state.
Equitable Life Assur. Soc. v. Pettus140 U.S. 226, 11 S.Ct. 822U.S. 1891

 

 This may be in conflict with  the US Constitution (State's Relations) Article 4 Section 1,  Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.  McCarran Ferguson Act?  Cornell's Site CA Insurance Code 41  All insurance in this State is governed by the provisions of this code.

 

Check it out on another Agent's Web Site - Dave Fluker


COBRA Cal Cobra - Text Out of State

   

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