Legal Opinion
Cain v. Fortis Insurance Co.
South Dakota Supreme Court
Decided March 16, 2005No. NonePublishedCited by 11 opinions
1Opinion of the Court
ANDERSON, LEE D„ Circuit Judge.
[¶ 1.] Jannelle Cain (Cain) appeals the circuit court’s holding that Fortis Insurance Company (Fortis) did not breach its contract with Cain because gastric bypass surgery was excluded from coverage under her health insurance policy. We affirm.
FACTS
[¶ 2.] Cain was diagnosed as morbidly obese and suffered from high blood pressure and degenerative joint disease. When other weight loss options were unsuccessful, Cain consulted a surgeon, Dr. O’Brien, about undergoing a treatment known as gastroplasty or gastric bypass surgery. Dr. O’Brien sent a preauthorization…
2Cases cited25 opinions
- Garvey v. State Farm Fire & Casualty Co.California Supreme Court · 1989
- State v. RufenerSouth Dakota Supreme Court · 1986
- Isaac v. State Farm Mutual Automobile Insurance Co.South Dakota Supreme Court · 1994
- Sharp v. SharpSouth Dakota Supreme Court · 1988
- Johnson v. JohnsonSouth Dakota Supreme Court · 1980
20 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- A-G-E Corp. v. State Ex Rel. State Department of TransportationSouth Dakota Supreme Court · 2006
- Swenson v. State Farm Fire & Casualty Co.District Court, D. South Dakota · 2012
- City of West Liberty v. Employers Mutual Casualty CompanySupreme Court of Iowa · 2019
- Lp6 v. S.D. Dept of TourismSouth Dakota Supreme Court · 2020
- NORTH STAR MUTUAL INSURANCE COMPANY v. PetersonSouth Dakota Supreme Court · 2008
6 more not listed; retrieve them via the Exa API.