Court Slams Star Health: Insurer Can't Decide Your
Treatment, Orders Payout for Rejected Covid Claim
In a significant ruling, the District Consumer Commission
has unequivocally stated that an insurance company does not have the authority
to dictate the line or method of a patient's medical treatment. This decision
was made while the panel was hearing a complaint against Star Health
and Allied Insurance for the wrongful rejection of a Covid-19 related
hospitalization claim.
The case centered on a policyholder named Nagar, who was
admitted to Yatharth Hospital in Greater Noida in January 2022—during the
fourth year of her policy—after developing a high fever and experiencing
breathing difficulty. Believing immediate hospital care was essential, the
family informed the insurer as per policy rules and was initially told a
cashless claim would be approved.
However, Star Health rejected the claim. The insurer
defended its decision by arguing that its review of the medical documents
indicated only "simple complaints" such as fever and body pain. Star
Health asserted that the patient had asymptomatic Covid and, according to
government guidelines, did not require hospital admission and could have been
managed at home.
The Commission dismissed the insurer's defense, ruling that
an insurance company cannot substitute its judgment for that of the treating
physician. Star Health has been directed to pay the claimant nearly Rs
50,000, along with 6% annual interest and an additional Rs 2,000 for
litigation costs. The company must comply with this order within 30 days.
For source of the report, Economic Times report.
If you have been subjected to rejected insurance claims,
you can contact Bimacure for free legal consultation in any
kind of insurance-related issue.