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Undiagnosed illness not a preexisting condition.

Publication: Trial
Publication Date: 01-SEP-04 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
Insurers may not deny coverage of treatment for symptoms of an undiagnosed illness by using preexisting-condition exclusions, the Third Circuit has ruled. The three-judge panel reversed a district court's grant of summary judgment to an insurer that denied long-term disability benefits to a woman diagnosed with multiple sclerosis (MS) after the effective date of her policy. (McLeod v. Hartford Life & Accident Ins. Co., No. 03-1744, 2004 WL 1385876 (3d Cir. June 22, 2004).)

"The decision is significant because it opens the door to more claimants who were previously denied benefits on the basis of what we argued is a vague and overly broad exclusion for preexisting conditions," said...

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