Insurance,
9th U.S. Circuit Court of Appeals
May 24, 2018
Preexisting condition doesn’t preclude coverage
The 9th Circuit ruled that if an insured with a preexisting medical condition gets in an accident, but the condition does not substantially contribute to the injury, the insured can recover.
Robert J. McKennon
Shareholder
McKennon Law Group PC
20321 SW Birch St Ste 200
Newport Beach , CA 92660
Phone: (949) 387-9595
Fax: (949) 385-5165
Email: rm@mckennonlawgroup.com
USC Law School
Robert specializes in representing policyholders in life, health and disability insurance, insurance bad faith, ERISA and unfair business practices litigation. His firm's California Insurance Litigation Blog can be found at www.californiainsurancelitigation.com.
Insurance policies providing accidental death and dismemberment benefits are fairly common. Many employers provide this important insurance for their employees. These policies are often governed by the Employee Retirement Income Security Act of 1974. A large percentage of AD&D policies exclude coverage for accidental injuries "caused or contributed by" a preexisting medical condition. If a preexisting condition led to the injury, even in a small way, most insurers...
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