if you apply now you must be accepted for a plan that begins january 1 2014. starting then insurers can no longer deny people coverage because of a pre-existing health condition. and i would suggest you shop now for a new plan because you'll likely find something less expensive than cobra. if cobra expires outside of open enrollment you'd be able to sign up for a new plan. but that won't be the case if you just stop paying for it. and while there are hardship exemptions in your situation you would need to meet very specific eligibility requirements set by your state's marketplace.
say something happens and i cannot make my cobra fee and i lose my coverage after the open enrollment date. if i then apply for health insurance on the marketplace would this be considered a hardship to get the application processed? i'm currently covered by anthem blue cross with a ppo. when i had the option to apply for insurance during the interim period of time after losing my job i was denied coverage at kaiser for a pre-existing condition. if i apply for a kaiser plan now during open enrollment will i be accepted?