UNITED OF OMAHA LIFE INS. CO. v. PELOQUIN

No. 94-0163.

660 So.2d 1069 (1995)

UNITED OF OMAHA LIFE INSURANCE COMPANY, a Nebraska corporation, Appellant, v. Cheryl M. PELOQUIN and University Dental Health Center, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 17, 1995.


Attorney(s) appearing for the Case

R. Fred Lewis of Magill & Lewis, P.A., Miami, for appellant.

Lawrence D. Bache of Law Office of Lawrence D. Bache, Pembroke Pines, and Roy Taylor, Miami, for appellee-Cheryl M. Peloquin.


STONE, Judge.

We reverse a final judgment entered in favor of the insured, Peloquin, against the insurer, United of Omaha, for wrongfully denying her benefits for treatment of a medical condition, endometriosis of the colon. The insurer denied payment for the treatment, as not covered under the terms of its group policy, because the insured was receiving medical care for the condition at the time she applied for the policy. After denying cross motions for summary...

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