(Download) "Waxse v. Reserve Life Ins. Co." by Supreme Court of Kansas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Waxse v. Reserve Life Ins. Co.
- Author : Supreme Court of Kansas
- Release Date : January 12, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The opinion of the court was delivered by This is an action on a medical insurance contract. The estate
of Maurice Behnke, deceased, asserts Reserve Life Insurance
Company (Reserve Life) breached its contract to provide major
medical insurance when it refused to pay benefits under the
contract for medical expenses incurred by Behnke. In defense,
Reserve Life argues it properly rescinded the coverage and
contract due to material misrepresentations by Behnke on the
application for insurance concerning his health history. Both
parties filed motions for summary judgment. The district court
determined Behnke made a fraudulent misrepresentation on the
application for insurance and granted Reserve Life's motion for
summary judgment. We reverse. We review the facts in the light most favorable to Behnke.
Patterson v. Brouhard, 246 Kan. 700, 702, 792 P.2d 983 (1990). On
June 12, 1987, Behnke underwent a blood test at Life Lab, a
private laboratory facility. Prior to taking the test, Behnke
believed he might test positive for the Human Immunodeficiency
Virus (HIV) because of his prior hepatitis and multiple sexual
partners. In July 1987, Life Lab informed Behnke that he had
tested positive for the presence of HIV antibodies. The letter
from Life Lab also recommended a complete medical evaluation by
Behnke's personal physician. A physician did not administer the
blood test at Life Lab nor inform Behnke of the test results or
its meaning. However, Behnke was informed by Life Lab that
testing positive for HIV antibodies did not mean that he
currently had Acquired Immune Deficiency Syndrome (AIDS) or
AIDS-Related Complex (ARC).