Lesbian Couple Claims Insurance Policy Denied in Bad Faith

A same sex couple from the suburbs of New York is bringing a bad faith insurance lawsuit against a Westchester hospital and its insurance provider that accuses them both of discrimination for not providing them with proper coverage options.

The couple, who filed their insurance denial lawsuit anonymously in Manhattan’s U.S. District Court, claim that one of the women had worked at St. Vincent’s Hospital in Harrison, NY since 2007. In 2011, when New York state legalized same sex marriage, the women were able to legally wed each other.

However, when the hospital employee tried to enroll her wife on the hospital’s health insurance plan, which was provided through Empire BlueCross BlueShield, the adjustment was denied. In a letter received by the couple, BlueCross rationalized the insurance denial by saying that “same sex spouse and domestic partner is an exclusion under the benefit” under her plan.

While The Defense of Marriage Act defines “marriage” as between a woman and a man, New York’s Marriage Equality Act explicitly states that says same-sex couples can snjoy the same rights and privileges as heterosexual couples.

“Because DOMA unlawfully discriminates against same-sex spouses, it is unconstitutional,” the lawsuit states, according to The Journal News. “If the Defense of Marriage Act allows employers and insurance companies to have a double standard that affords us less benefits than other married couples, then it should be struck down.”

In an interesting twist to the situation that is not common in most unfair insurance denial lawsuits, the couple is not seeking any money from the lawsuit. Instead, they want the system to change and accommodate everybody, regardless of sexual preference.

If you or a loved one has dealt with an unfair insurance denial, call Sokolove Law today to learn more about pursuing a bad faith insurance lawsuit.

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