200 W. Madison St. | Suite 2670 | Chicago, IL 60606 | Directions
DeBofsky, Sherman & Casciari, PC
Call Now 312-702-1842
800-237-5182 Toll Free
We Return Calls The Same Day.

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:

  • super Lawyers
  • AV - Lexis Nexis - Martindale Hubbell - Preeminent - For Ethical Standards and Legal Ability
  • AVVO - Have No Legal Fear
  • BBB | A+ Rating
  • American Academy Of Trail Attorneys | Premier 100 | 2015 | AATA

Tell Us About Your Issue Today

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For a Response

Office Location:

DeBofsky, Sherman & Casciari, PC
200 W. Madison St., Suite 2670
Chicago, IL 60606

Toll Free: 800-237-5182
Phone: 312-702-1842
Fax: 312-929-0309
Chicago Law Office Map

Office Location