Simms v. Metropolitan Life Insurance

Foth, C.J.:

Metropolitan Life Insurance Company appeals from a summary judgment holding it liable under a group health insurance policy for the treatment of one of its insureds in a Kansas alcohol and drug treatment facility. It relies on the fact that its policy covers only treatment in a “legally constituted hospital.” The trial court imposed liability by reading into the policy the terms of K.S.A. 40-2,105, which arguably mandates broader coverage. Metropolitan contends this was error for a number of reasons, but primarily because the Kansas statute is inapplicable to a policy issued and…