United of Omaha Life Insurance v. Peloquin

STONE, Judge.

We reverse a final judgment entered in favor of the insured, Peloquin, against the insurer, United of Omaha, for wrongfully denying her benefits for treatment of a medical condition, endometriosis of the colon. The insurer denied payment for the treatment, as not covered under the terms of its group policy, because the insured was receiving medical care for the condition at the time she applied for the policy. After denying cross motions for summary judgment, the court conducted a final hearing at which no evidence was presented by either side, both relying on the depositions and…