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CAIN v. FORTIS INS. CO.

No. 23166.

694 N.W.2d 709 (2005)

2005 SD 39

Jannelle CAIN, Plaintiff and Appellant, v. FORTIS INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 16, 2005.

Attorney(s) appearing for the Case

N. Dean Nasser, Jr., Nasser Law Offices, Sioux Falls, South Dakota, Attorneys for plaintiff and appellant.

Kristine Kreiter O'Connell, Woods, Fuller, Shultz & Smith, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

ANDERSON, LEE D., Circuit Judge.

[¶ 1.] Jannelle Cain (Cain) appeals the circuit court's holding that Fortis Insurance Company (Fortis) did not breach its contract with Cain because gastric bypass surgery was excluded from coverage under her health insurance policy. We affirm.

FACTS

[¶ 2.] Cain was diagnosed as morbidly obese and suffered from high blood pressure and degenerative joint disease. When other weight loss options were unsuccessful...

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