11.4 Claims, Coordination of Benefits, and Subrogation
Key Takeaways
- Health claims follow the indemnity principle: restore the insured but never let them profit from a loss.
- Claim timeline: notice 20 days, forms 15 days, proof 90 days; unfair claims settlement laws require prompt acknowledgment, investigation, and payment.
- COB designates a primary and secondary plan so total reimbursement never exceeds 100% of the actual expense.
- The birthday rule makes the parent with the earlier calendar-year birthday (month/day) primary for a child covered under both parents.
- Subrogation recovers a paid claim from a liable third party, whereas COB coordinates between two insurers covering the same person.
Paying Claims Without Over-Indemnifying
Health insurance is built on the principle of indemnity — the insured should be restored to their pre-loss financial position but not profit from a loss. Three mechanisms enforce this when more than one source could pay: the claims-handling process, Coordination of Benefits (COB), and subrogation. The exam tests the claim timeline, the COB primary/secondary rules (especially the "birthday rule"), and the difference between COB and subrogation.
The Claims Process
Claim handling mirrors the uniform provisions but adds operational steps:
- Notice of claim — within 20 days (or as soon as reasonably possible).
- Claim forms — insurer sends within 15 days; if not, a written statement suffices.
- Proof of loss — within 90 days.
- Time of payment — paid immediately for lump sums; periodic benefits at least monthly.
- Payment of claims — to the insured (death benefit to beneficiary).
States impose unfair claims settlement rules: insurers must acknowledge claims promptly, investigate reasonably, and pay or deny within set windows. Failing to do so, or denying without a reasonable basis, is an unfair trade practice subject to penalties.
Coordination of Benefits (COB)
When a person is covered by two group plans, COB prevents collecting more than 100% of the actual expense. One plan is primary (pays first, up to its normal benefit) and the other is secondary (pays the balance up to its own limit).
Order-of-determination rules:
- The plan covering the person as an employee/member is primary over the plan covering them as a dependent.
- For a child covered under both parents, the birthday rule applies: the plan of the parent whose birthday falls earlier in the calendar year (month/day, not year of birth) is primary.
- For divorced parents, a court decree controls; absent that, the custodial parent's plan is usually primary.
- A plan covering an active employee is primary over one covering them as retired/laid-off.
Worked Example — COB and the Birthday Rule
A child is covered under both parents' group plans. The father's birthday is March 3; the mother's is September 12. A claim of $1,000 is incurred. The father's plan covers 80% of allowed charges; the mother's covers 90%.
- Primary plan = father's, because his birthday (March 3) falls earlier in the calendar year. It pays 80% × $1,000 = $800.
- Secondary plan = mother's. It pays the remaining $200, since total reimbursement is capped at the $1,000 actual expense — the family is reimbursed in full but does not profit.
- Without COB, both plans might each pay their share and the family could collect $800 + $900 = $1,700 on a $1,000 loss, violating indemnity. COB exists to stop exactly that.
COB Carve-Backs and Excess Provisions
Two refinements appear on harder COB items. First, secondary plans often use a non-duplication (carve-out) rule rather than paying the full remaining balance: the secondary pays only the amount, if any, by which its own normal benefit exceeds what the primary paid. If the primary paid 80% and the secondary would also have paid 80%, the secondary owes nothing — there is no extra balance under its own schedule.
Second, some individual policies carry an excess (other-insurance) provision that pays only after all other coverage is exhausted. Read whether the item describes group COB or an individual excess clause — they yield different numbers.
Subrogation vs Coordination of Benefits
Subrogation is the insurer's right, after paying a claim, to step into the insured's shoes and recover from a liable third party. If a negligent driver injures your insured and the health insurer pays $20,000 in medical bills, subrogation lets the insurer recoup that $20,000 from the at-fault driver (or their liability insurer). The insured cannot collect twice — once from the health plan and again, for the same bills, from the tortfeasor.
| Feature | Coordination of Benefits | Subrogation |
|---|---|---|
| Other party | Another insurer/plan covering the insured | A liable third party who caused the loss |
| Purpose | Order who pays first; cap at 100% | Recover paid claim from the wrongdoer |
| Trigger | Dual coverage | Third-party fault |
Both uphold indemnity by preventing the insured from profiting from a single loss.
Assignment, Facility of Payment, and Time of Payment
Payment mechanics generate several exam items:
- Payment of Claims directs benefits to the insured; if the insured dies, any unpaid benefit goes to the beneficiary, or absent one, to the estate.
- A Facility of Payment clause lets the insurer pay a small capped amount to a relative who appears equitably entitled when no beneficiary is named.
- Assignment lets the insured direct payment to a provider (assignment of benefits), but it transfers the right to the proceeds, not ownership of the policy.
- Time of Payment of Claims requires lump-sum benefits to be paid immediately on proof, and periodic indemnities (disability income) at least monthly. Unreasonable delay triggers interest and unfair-claims penalties.
Unfair Claims Settlement Practices
State versions of the NAIC Unfair Claims Settlement Practices Act make it a violation to do any of the following as a general business practice:
- Misrepresent pertinent facts or policy provisions.
- Fail to acknowledge and act promptly on communications about claims.
- Fail to adopt reasonable standards for prompt investigation.
- Refuse to pay claims without a reasonable investigation.
- Compel insureds to litigate by offering substantially less than amounts ultimately recovered.
- Deny a claim without a reasonable basis or fail to provide a prompt, written explanation of a denial.
A single inadvertent error is generally not a violation; the law targets a pattern. Penalties include fines, license suspension, and required restitution.
A child is covered under both parents' group plans. The mother's birthday is May 4 and the father's is November 20. Under the birthday rule, which plan is primary?
A health insurer pays $20,000 in medical bills after its insured is injured by a negligent driver, then recovers that amount from the at-fault driver's liability insurer. This recovery right is called: