LoCoco Ex Rel. LoCoco v. Medical Savings Insurance

OPINION

ROGERS, Circuit Judge.

Plaintiff Linda LoCoco appeals the grant of summary judgment in favor of defendant Medical Savings Insurance Co. in this suit over medical benefits coverage. Shortly before her husband’s health insurance coverage from Medical Savings became effective, he was treated for a respiratory ailment that was later diagnosed as lung cancer. Medical Savings denied coverage for the cancer for the first year of the policy, concluding that the disease was a “pre-existing condition.” Medical Savings later cancelled subsequent coverage for failure to pay premiums. Plaintiff then…