Legal Question in Insurance Law in Nebraska
Spirit or Intent of the law.
Can the spirit or intent of the law be applied to a pre-existing condition rider that included other parts of the anatomy than the intended pre-existing condition? Example: An insurance company included the entire spinal cord as part of a pre-existing condition rider. A surgery was required for what was included in the rider, but not the pre-existing condition itself. Is that the intent of pre-existing condtion rider?
1 Answer from Attorneys
Re: Spirit or Intent of the law.
The language of the policy and the rider are very important, but generally, the condition which is excluded is what counts. There are numerous federal and state laws which can regulate the effectiveness of any such pre-existing condition clause, so you really need to let a knowledgeable health insurance professional look at the policy and explain it to you.
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