Legal Question in Civil Litigation in New York

Insurence company will not pay for brain cancer opperation

The insurence company i had at the time will not pay the bill for the brain cancer opperation that i had on may 3rd of 2002,at a hospital in the area.The insurence company told me i had to go to this hospital and that i also had to choose a doctor from this hospital. The hospital now has taken action against me to pay for the bill.I was taken out of work by the doctors i had seen at the time,to prepare for the surgery.After the surgery was done the insurence company payed for the surgery, Then 9 months later i recived a letter in the mail stating i owed the hospital money for the opperation, because the insurence company had taken the money back.The insurence company also tried to state that this was a prexsisting matter.I have since found out is not a fact.I now have interest and disbursentments fees added to the charge.I have a judgement aginst me, and bill collectors calling and hasseling me all the time.I would like your legal help in this matter. I would like to know about my opptions and if i have a case. Thank you for your review of my case.


Asked on 1/14/05, 12:20 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Insurance company will not pay for brain cancer opperation

I have no way of knowing from your question.

It sounds like they are denying coverage under a " pre-existing condition" exclusion. Did you ever have a brain tumor or cancer in the brain or remotely similar diagnosis prior to the 2002 surgery?

If you did, when you applied for the policy did they know, or in the questionairre, did you tell them?

If its outright wrong: you must file all your administraive appeals with the insurance company

and exhaust that avenue prior to suing.

With regard to the judgments, why have you waited? If you wish to discuss this with me, email me your telephone number, nor give me a call next week. Did the insurance company originally approve the operation, the doctor's bills and all the expenses? How did they take the payment "back?"

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Answered on 1/14/05, 4:32 pm


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