Insurance policy not honored, lawsuit says

CHARLESTON - A man says his father's cancer protection insurance policy was not honored, and Conseco Health Insurance even charged his account after he passed away.

David M. Wilson, acting as the personal representative of the Estate of Earl Wilson, filed the lawsuit July 12 in Kanawha Circuit Court against Conseco Health Insurance and agent John D. Tygrett.

The lawsuit says Tygrett sold Earl Wilson the policy in 1985, and $17.50 was removed from his personal checking account every month to pay for it.

"Tygrett and Conseco represented to the Wilsons that the policy would reimburse them for certain expenses incurred if either or both of them developed cancer but failed to disclose relevant terms and conditions," the lawsuit says.

In Sept. 26, 2004, it adds that Earl was diagnosed with brain cancer by Dr. Frederick Armbrust. When he died Feb. 8, 2005, the death certificate read that he died of complications from a glioblastoma multiforme.

The lawsuit says that is a highly malignant, rapidly infiltrating brain tumor.

When Floretta Wilson made a claim with Conseco for benefits, it denied her, saying hospital records did not demonstrate the presence of cancer, the lawsuit says.

David Wilson says Floretta requested a copy of the cancer policy and paid Conseco $25. However, he says Conseco cashed the check and did not provide a copy.

For the 10 months after Earl's death, the lawsuit says Floretta's checking account was billed. On Dec. 30, the lawsuit says Floretta was mailed two checks totaling approximately $1,000 from Conseco with no explanation.

The Wilsons say they still don't know what the checks represent despite repeated inquiries. They are seeking compensatory and punitive damages and court costs.

Thomas G. Wilson of James Humphreys and Associates is handling their case. Judge Charlie King has been assigned it.

Kanawha Circuit Court case number 06-C-1374