Hawaii High Court Overturns AIDS Disability Case Decision

Important note: Information in this article was accurate in 1997. The state of the art may have changed since the publication date.

Hawaii High Court Overturns AIDS Disability Case Decision

Journal of Commerce (12/24/97) P. 8A

Abstract: A Circuit Court ruling that permitted Paul Revere Insurance Co. to deny disability payments to an AIDS patient has been reversed by the Hawaii Supreme Court. The case involved a dentist who died in September, nearly 12 years after the insurance company issued him a disability income insurance policy. Three months after the man filed for benefits, saying he was completely disabled by HIV, the insurance company halted all payments and ordered the man to repay the funds he had already received because his illness was a preexisting condition. Two years ago, the Circuit Court made a summary judgment in favor of Paul Revere Insurance, but the state Supreme Court sent the case back for a jury trial.

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