The Nevada federal district court recently awarded summary judgment to Wells Marble client Time Insurance Company in a case alleging improper denial of health insurance benefits.
The federal district court based its ruling in favor of Time on the ground that the plaintiff failed to disclose material health conditions to Time during the application process and, further, that the plaintiff had a preexisting medical condition for which no coverage was provided by the Time health insurance certificate.
The court found that the plaintiff was not entitled to protection under the Health Insurance Portability and Accountability Act (and similar Nevada portability statutes), because she was covered under another health insurance policy when she enrolled for coverage with Time.