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Pre-Existing Condition Archives

How to defeat a pre-existing condition denial

Although the Affordable Care Act (Obamacare) prohibits health insurers from excluding coverage based on pre-existing conditions, in disability insurance policies, pre-existing conditions continue to be excluded.  A recent ruling from a federal court in Wisconsin, Kaiser v. United of Omaha Life Ins. Co., 2016 WL 379814 (W.D. Wisc. January 29, 2016,) does an excellent job of explaining what is and what is not a pre-existing condition

Is taking prophylactic measures a pre-existing condition?

Can taking vitamins recommended by a physician trigger a pre-existing condition exclusion in a disability insurance policy?  That was the holding in Kutten v. Sun Life Assur.Co. of Canada, 2014 WL 3562784 (8th Cir. July 21, 2014) where the court found that taking Vitamin A constituted "medical treatment" sufficient to allow an insurer to avoid paying disability benefits to an executive who became disabled due to retinitis pigmentosa.  The policy contained the following exclusion:

DeBofsky, Sherman & Casciari, PC