I 2022 40 — Insured Recovers Sickness Benefits Despite Alleged Pre-Existing Condition Misrepresentation

An insured individual brought an action seeking the recovery of daily sickness benefits under health insurance law, where the insurer refused payment based on the insured's alleged pre-existing condition, which the insurer claimed was not disclosed or inadequately disclosed during the application process, leading to the policy being deemed voidable or void *ab initio*. The court reasoned that the insurer failed to demonstrate that the undisclosed or misrepresented health facts were causally relevant to the subsequent claim for benefits or that the insurer would have acted differently in contracting had full disclosure been made, thus upholding the claim for benefits.