United States Sixth Circuit

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MILLER v. FID. SEC. LIFE INS. CO., 01-3157

Because Ohio Revised Code section 3923.57, placing limits on the reach of pre-existing condition clauses in insurance policies, did not apply to a "gap-filler" policy, an insured's testicular cancer is not covered; a breach of contract claim, based on another policy, is remanded for determination of when the insured was totally disabled.

Appellate Information

  • Decided 06/21/2002
  • Published 06/21/2002


  • Before MARTIN, Chief Circuit Judge;  KEITH and KENNEDY, Circuit Judges.


  • United States Sixth Circuit


  • For Appellant:
  • Frederick J. Kreiner,Frederick J. Kreiner Company, Cleveland, OH, for Appellant.

  • For Appellees:
  • Harold R. Rauzi (briefed), Theodore M. Dunn, Jr. (argued and briefed), Buckley, King & Bluso, Cleveland, OH, Susan A. Berson (briefed), Shook, Hardy & Bacon, Kansas City, MO, Rosemary G. Gold, Pepper Pike, OH, for Appellee.