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Court: Couple can sue insurance company  view story
Saturday, February 12, 2005
CHAD BALDWIN - - Casper Star-Tribune
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U.S. District Judge Alan Johnson in Cheyenne ruled in July 2003 that the insurance company had fulfilled its obligation to the Pehles. Farm Bureau Insurance was not required to tell them of the positive HIV test, the judge said in dismissing the couple's lawsuit against the company.
But a federal appeals court this week reinstated the lawsuit, ordering Johnson to conduct a jury trial on the matter. The three-member panel of the 10th U.S. Circuit Court of Appeals, in a 2-1 decision, found that while Farm Bureau Insurance wasn't required to disclose the positive HIV test results to the Pehles, the company had a duty to disclose information "sufficient to cause a reasonable applicant to inquire further."
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