Feb 06, 2012

Case Results

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Rescinded Insurance Policy

A health insurer rescinded its policy for an individual because it claimed the individual failed to disclose relevant information about his health history on his application for coverage. While the individual did omit some information asked about on the application, he did disclose the name of his treating physician and gave authority to the insurer to obtain his medical records. In addition, the information he disclosed gave the insurer good reason to believe the individual could have significant medical problems in the future. Despite this, the insurer chose not to request the medical records from the treating physician. An arbitrator ruled that under these facts the insurer was not entitled to rescind the health insurance policy. The policy was reinstated with the requirement that the health insurer provide coverage for medical expenses incurred.

Awarded: Reversing an Insurer's Rescission of Policy