Posted by Kelly Buether on July 17, 2006 at 18:56:51:
In Reply to: Legal definition of fraud posted by John Merchant on September 13, 2002 at 12:03:28:
My husband and I have been in the process of going thru a divorce since 11/05. In Jan 06 I paid for a medical procedure to my doctor and filed a "super bill" with our insurance carrier for reimbursement. The insurance company mistakenly mailed my husband the reimbursement check in Feb 06. When I discovered what happened with the check in April,I contacted my ex thru e-mail and voice mail telling him about the error and to please send me the money. Of course no response from him. My attorney then contacted his lawyer and explained the situation that he has deposited my check in bad faith and to please pay back the money. Again, no response. In the meantime, I have contacted our Insurance carrier and they admitted the error and are trying to get the money back from him. The check in question is $727.75. Attached to the check was the EOB (explantation of benefits) which named me as the patient and that this was the reimbursement for the procedure that was performed. He did not pay for this procedure. He knows that he did not pay for this procedure (which was $1100). He has cheated me out of my insurance check. I have given him every opportunity to right the wrong. He chooses not to take the high road. He knowingly deposits a check that is not his. Is this fraud?