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Dec. 1, 2008 | Metro East's Legal Journal
 
NEWS

Insurance policy canceled after open heart surgery, man claims

7/31/2008 8:00 AM

A St. Clair County man claims his health has been placed in grave danger in a suit against his insurer, which canceled his policy after he underwent emergency bypass surgery last year.

Larry Glenn also claims he has become liable for more than $110,000 in medical expenses following open heart surgery in mid December 2007, according to a suit against Unicare Health Plans of the Midwest.

Glenn claims he applied for coverage through his agent Nov. 28, 2007, and paid a $442.80 premium for six months of coverage.

But on March 21 he received a letter from Unicare indicating his coverage was being investigated, the suit claims.

"On May 15, 2008, Defendant sent Plaintiff a denial letter indicating that Unicare was rescinding his policy of insurance, retroactively cancelling such policy to the original effective date of November 29, 2007, thereby refusing to make payment on any of the medical bills incurred by Plaintiff during his effective coverage period beginning November 29, 2007," the complaint states.

The suit was filed July 29 in St. Clair County Circuit Court.

"As a result of Defendant's breach of the health insurance contract, Plaintiff has sustained and suffered great harm, both financially and physically, and will continue to suffer harm in the future as a result of such breach," the complaint states.

Glenn claims he is entitled to vexatious refusal damages including, but not limited to, attorney fees, other costs, and an amount not to exceed any one of the following:

  • 60 percent of the amount which the court or jury finds him entitled to recover from Unicare, exclusive of costs;

  • $60,000;

  • The excess amount which the court or jury finds him entitled to recover, exclusive of costs, over the amount, if any, which Unicare offered to pay in settlement of the claim prior to suit.

    Glenn is represented by Kevin A. Sullivan and Carolyn G, Caruthers of Sauter Sullivan in St. Louis.






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