Lehmann v. Washington National Insurance

ORDER

MOLLOY, District Judge.

I. INTRODUCTION

The parties have asked through cross motions for summary judgment for a determination of whether Margaret Lehmann is entitled to benefits that were excluded by way of an “Exception Endorsement” to a Medical Insurance policy she and her husband purchased in 1993. When the policy was issued, Montana law prohibited excluding pre-existing medical conditions for a period in excess of 12 months. Mont.Code Ann. § 33-22-110 (1993). More than a year after the policy in question had been in effect, the Montana Legislature enacted Mont.Code Ann. § 33-22-109…