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Court Rejects Effort to Apply Pre-existing Limitation

Wednesday, September 5th, 2012

A Federal Judge in Michigan has rejected United of Omaha’s effort to exclude coverage, on the basis of a pre-existing condition. The policy contained a provision permitting United of Omaha to exclude coverage for a pre-existing condition, and took the position that the stroke suffered by the claimant fell within the pre-existing clause of coverage.

In considering the evidence, the Court concluded that “United’s decision to deny Plaintiff’s claim for long term disability benefits can not be harmonized with the facts and language of the policy. The Court rejected United’s broad arguments that the prior medical treatment during the 3 month look back period was sufficient to invoke the pre-existing policy limitation.

Genoff v. United of Omaha



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