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Questions for a lawyer

Whitewing

Well-known member
I saw this on another forum and it goes to the heart of the nature of the King's proclamations re his beloved Obamacare, his constitutionally-granted powers, and the immense cluster-fark he's created by changing the law via presidential fiat.

Read it carefully and think it through.

Suppose an insurance company takes President Obama up on his suggestion that they offer non-ACA compliant policies to their customers and that people buy such policies. Now suppose that the policies in question do not provide coverage for, say, hip replacements. Now suppose that one of the insureds needs a hip replacement during 2014, and is denied coverage under the terms of the policy. Finally, suppose that this insured sues the insurance company, on the grounds that the denial of coverage violates the law. Since the insured is correct - the law requires that hip replacements be covered under all health insurance policies - he would certainly win his lawsuit, and the insurance company would be required to reimburse the insured for the cost of his hip replacement. In other words, absent a change to the law, on what basis could a court find in favor of an insurance company for the denial of coverage when that denial is in clear violation of the law?

Second question: if there is a legal theory that permits insurance companies to enforce policies that violate the law, what is to prevent them from continuing to issue non-ACA compliant policies beyond 2014?

America's insurance companies aren't rank amateurs like the president. They'll not likely take him up on his decree that it's okay to continue selling policies that don't adhere to the law of the land. He actually knows this of course, which, in the end, just makes him a liar.
 

Whitewing

Well-known member
Tam said:
just makes him a liar

Could this be why a majority of Americans now believe Obama is NOT HONEST OR TRUSTWORTHY? :? :wink:

Perhaps that's true for the country as a whole. But on a volume basis, over half of Montana's population still supports Obama.
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