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October 23. 2012 11:20PM
Belmont sued over policy allowing ex-spouses of employees to stay on health insurance
BELMONT — A town employee's ex-husband is suing the town, claiming town officials purposely withheld information about his eligibility for a group health plan that could have saved him money.
James Paquette, of 283 Hurricane Road, is suing the town for incidental and enhanced compensatory damages, claiming that prior to his 2006 divorce from Brenda Paquette, the town's finance officer, he was covered by his ex-wife's group health insurance, according to court documents.
The couple's divorce decree has a provision dealing with health coverage, ordering that he was to remain on his wife's “health and dental insurance plan for so long as allowed by law.” James Paquette was responsible for the costs of his coverage.
At the time of the divorce, town officials outlined options to James Paquette for continued health coverage, and he chose to participate in a 36-month COBRA health insurance extension that cost him $524.08 a month, according to court documents.
Recently, Paquette discovered that at the time of his divorce there was another option available to him, that he was eligible for health coverage on the town's group health plan. If under that plan, he argues, he would have only been charged about $54 a month for 36 months.
“It is (James Paquette's) belief that the town knew of this option, but failed to supply him with this information,” Paquette said in his legal documents.
“(James Paquette) put the town on notice that they had failed to provide him with this information, either intentionally or negligently, and demanded that the town remedy the situation. However, the town has declined to take responsibility for its policies … and has denied any wrongdoing.”
Town officials have not yet filed an answer to Paquette's complaint.
Paquette is seeking financial compensation for “paying the cost of COBRA,” and is seeking further compensation, charging the town with fraudulent and negligent misrepresentation for allegedly not informing him of all of his health care options at the time of his divorce.
“(James Paquette) relied on the town's misinformation and spent thousands of dollars on COBRA Insurance premiums that he did not need to pay,” Paquette said in his complaint.
Dan Seufert may be reached at dseufert@newstote.com.
James Paquette, of 283 Hurricane Road, is suing the town for incidental and enhanced compensatory damages, claiming that prior to his 2006 divorce from Brenda Paquette, the town's finance officer, he was covered by his ex-wife's group health insurance, according to court documents.
The couple's divorce decree has a provision dealing with health coverage, ordering that he was to remain on his wife's “health and dental insurance plan for so long as allowed by law.” James Paquette was responsible for the costs of his coverage.
At the time of the divorce, town officials outlined options to James Paquette for continued health coverage, and he chose to participate in a 36-month COBRA health insurance extension that cost him $524.08 a month, according to court documents.
Recently, Paquette discovered that at the time of his divorce there was another option available to him, that he was eligible for health coverage on the town's group health plan. If under that plan, he argues, he would have only been charged about $54 a month for 36 months.
“It is (James Paquette's) belief that the town knew of this option, but failed to supply him with this information,” Paquette said in his legal documents.
“(James Paquette) put the town on notice that they had failed to provide him with this information, either intentionally or negligently, and demanded that the town remedy the situation. However, the town has declined to take responsibility for its policies … and has denied any wrongdoing.”
Town officials have not yet filed an answer to Paquette's complaint.
Paquette is seeking financial compensation for “paying the cost of COBRA,” and is seeking further compensation, charging the town with fraudulent and negligent misrepresentation for allegedly not informing him of all of his health care options at the time of his divorce.
“(James Paquette) relied on the town's misinformation and spent thousands of dollars on COBRA Insurance premiums that he did not need to pay,” Paquette said in his complaint.
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Dan Seufert may be reached at dseufert@newstote.com.
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