United States Tenth Circuit

In an action regarding defendant-insurer's denial of a claim for coverage of a medical procedure for their infant son, partial summary judgment for both parties is affirmed in part where: 1) the district court correctly held that plaintiffs could not seek punitive damages because their bad faith claim had failed; and 2) plaintiffs produced no evidence to suggest that certain matters influenced defendant's decision to rely on the language of its policy in denying their claim. However, the order is reversed in part where a waiting period for coverage of pre-existing conditions in limited benefit policies was expressly authorized by 36 Okla. Stat. section 4403.1.

Appellate Information

• Decided 09/28/2010
• Published 09/28/2010

Judges

• William J. Holloway

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Steven V. Buckman, John D. Russell