McDowell
McDowell v. Union Mutual Life Insurance Co.
Opinion
Opinion
Ferguson, J.
MEMORANDUM OPINION
Plaintiffs Lester and Brenda McDowell have filed a multi-million dollar action against Union Mutual Life Insurance Company and Crown Life Insurance Company claiming inter alia that one or both of these companies have wrongfully deprived them of benefits due under group medical insurance policies.
The relevant facts according to the allegations of the complaint are as follows :
(1) The plaintiff Lester McDowell for a number of years has been, and is, an employee of Texaco, Inc. and also a member of the Oil, Chemical and Atomic Workers International Union, Local 1-128.
(2) In connection with his employment and his union membership, Mr. McDowell and his dependents became entitled to protection under group medical insurance policies.
(3) From October 1, 1967 until June 30, 1971, Mr. McDowell and his dependents were protected under the terms of a policy offered by the Union Mutual Life Insurance Company.
(4) Subsequent to June 30, 1971, Mr. McDowell and his dependents were protected under the. terms of two policies offered by the Crown Life Insurance Company — a “Hospital and Surgical Benefit Policy” and a “Major Medical Benefit Policy.”
(5) During 1971 and…