Police officer sues health insurance company for withholding premiums from his paycheck for his ex-wife

By Brandon Caples | Jun 26, 2015

BATON ROUGE – A police officer is suing an insurance company for allegedly wrongfully withholding premiums from his paycheck on behalf of his ex-wife.

David Marks filed suit against Blue Cross Blue Shield Foundation of Louisiana in the 19th Judicial District Court on April 16.

According to court records, the plaintiff and Amanda Bourgoyne were married in 1996 and he enrolled her on his health insurance as a dependent. On March 24, 2003, Marks alleges he and Bourgoyne were divorced and went their separate ways. The plaintiff's now ex-wife re-married Todd Bourgoyne, who was also employed as a police officer with the Baton Rouge Police Department and enrolled the plaintiff's ex-wife on his insurance as a dependent.

The plaintiff states that from March 24, 2003 until February of 2010, Baton Rouge Police Department continued to withhold premiums from his check and Blue Cross continued to accept these premiums despite the fact the plaintiff's ex-wife was covered by her current husband’s policy. The plaintiff claims that he made numerous demands for the defendants to repay the premiums that were deducted from his check. The defendants have allegedly failed and refused to make any repayments.

An unspecified amount in damages is sought for repayment of premiums and court fees.

Attorney Barry A Roach in Lake Charles represents the plaintiff.

This case has been assigned to Division D Judge Janice Clark.

Case no. 638,620.

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