Dawes Mining Co. V. Callaha

Dawes archeological site Co. v. Callahan What is the legal issue? The review is on Dawes excavation Co. v. Callahan, 154 Ga.App.229, 267 S. E.2d 830 (1980), in which the hail of Appeals held that when an employer changes its group health insurance polity on employees and the employees are incorrectly advised that the coverage low the new form _or_ system of government is the same as under the aged constitution, an employee can insurance coverage, and can recover such modify as result from the difference in coverage. What are the main(prenominal) facts of the case? Callahan was first employed by appellant Dawes Mining Co. in 1957 as an hourly wage earner. Callahan started participating in Dawes group health insurance program. In 1975, without consulting the employees, Dawes changed coverage from the living insurer to another insurance company. The insurers representative say the coverage was the same as under the former policy and said nothing about exclusion of coverage for exist illnesses. Callahan, who could not read but could sign his name, signed an operation for insurance as directed by the insurers representative. extraterrestrial being to Callahan at the time the new insurance master policy had a provision which prohibited payment of medical expenses incurred as a result of pre-existing illnesses until the policy had been in event a certain period of time.

Within that excluded period Callahans wife was hospitalized for a pre-existing illness and passed. The new insurer erroneously paid some of the expenses and then demanded repayment. What is the courts ruling? The venire returned a verdict for Callahan for an amount equal to the medical and hospital expenses incurred, Dawes motions for judging not withstanding the verdict and new trial were dined, and Dawes appealed. The Court of appeal affirmed and we granted certiorari. The court affirmed the judgment in favor of the employee. How did the court justify its ruling? The location of the employer and the relationship between the employer and... If you want to get a large essay, order it on our website: Orderessay

Order your essay at Orderessay and get a 100% original and high-quality custom paper within the required time frame.