LOCOCO v. MEDICAL SAV. INS. CO.

No. 07-3973.

530 F.3d 442 (2008)

Linda LoCOCO, Individually and as Executrix of the estate of and on behalf of Joseph S. LoCoco, Plaintiff-Appellant, v. MEDICAL SAVINGS INSURANCE CO., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 23, 2008.


Attorney(s) appearing for the Case

ARGUED: Richard Lee Lancione, Lancione & Lloyd Law Office, Bellaire, Ohio, for Appellant. Douglas N. Godshall, Hanna, Campbell & Powell, LLP, Akron, Ohio, for Appellee. ON BRIEF: Richard Lee Lancione, Lancione & Lloyd Law Office, Bellaire, Ohio, for Appellant. Douglas N. Godshall, Hanna, Campbell & Powell, LLP, Akron, Ohio, for Appellee.

Before: GILMAN, ROGERS, and McKEAGUE, Circuit Judges.


OPINION

ROGERS, Circuit Judge.

Plaintiff Linda LoCoco appeals the grant of summary judgment in favor of defendant Medical Savings Insurance Co. in this suit over medical benefits coverage. Shortly before her husband's health insurance coverage from Medical Savings became effective, he was treated for a respiratory ailment that was later diagnosed as lung cancer. Medical Savings denied coverage for the cancer for the first year of the policy, concluding that...

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