Notes of Decisions
Issue of Fact
There is a genuine issue of material fact whether insurer engaged in postclaim underwriting, where insurer permitted insured to enroll during period of open enrollment, insured purportedly provided insurer with full disclosure of his condition at time of enrollment, and insurer later denied coverage for reason of the allegedly disclosed condition. That issue of fact precludes an entry of summary judgment as to whether the insurer violated the provision prohibiting postclaim underwriting. Schneider v. UNUM Life Insurance Company of America, 149 F. Supp.2d 169 (E.D. Pa. 2001).
