LAWSON EX REL. LAWSON v. FORTIS INS. CO.

Nos. 01-3316, 01-3355.

301 F.3d 159 (2002)

Joseph LAWSON; Tammy Malatak, on behalf of minor child Elena LAWSON v. FORTIS INSURANCE COMPANY, Appellant/Cross-Appellee.

United States Court of Appeals, Third Circuit.

Filed August 22, 2002.


Attorney(s) appearing for the Case

Andrew F. Susko (Argued), White & Williams, Philadelphia, PA, for appellant/cross-appellee.

Michael J. Salmanson (Argued), Philadelphia, PA, for appellees/cross-appellants.

Before: SCIRICA, ALITO, and FUENTES, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge.

Minor child Elena Lawson ("Elena") was covered under a health insurance policy that her father bought from Defendant, Fortis Insurance Company. Two days prior to the effective date of the policy, Elena went to the emergency room for treatment of what was initially diagnosed as a respiratory tract infection, but which was discovered to be leukemia one week later, after the effective date of the policy. Fortis denied...

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