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  • Title: California court to rule on insurer's denial of AIDS benefits.
    Journal: AIDS Policy Law; 1999 Apr 16; 14(7):9. PubMed ID: 11366515.
    Abstract:
    California Insurance Commissioner Chuck Quakenbush is asking the California Supreme Court to overturn a lower court ruling that bars policyholders from receiving disability payments because of AIDS. The State Court of Appeals ruled that Paul Revere Life Insurance Co. could deny coverage to [name removed] because his HIV infection amounted to a pre-existing condition. [Name removed] applied for the policy in 1988. He paid premiums for 5 years, longer than the 2 years the company had to confirm his medical condition. When he became unable to work because of AIDS, he applied for disability. The Commissioner says the intent behind the incontestability clause is to protect consumers from having claims denied after 2 years because of pre-existing conditions. One of [name removed]'s lawyers noted that the company's practice of offering insurance without any medical qualifications is not in line with industry standards. No date has been scheduled for oral arguments in the case.
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