What Do You Mean It's Not Covered: Nullifying Coverage Retroactively

Each party filed additional briefs prior to the trial court's ruling. Enterprise's reply argued that Svec's coverage under the policy was void "ab initio" due to Svec's failure to disclose her preexisting rhinitis and sinusitis conditions and treatments in her group insurance application materials. The trial court granted Enterprise's motion for summary judgment and dismissed Svec's complaint in July 1991. The same order also dismissed Enterprise's counterclaim for fraud with prejudice. Svec appealed in a timely manner, basing her argument on one assignment of error: The trial court erred when it granted [Enterprise's] motion for summary judgment when [Svec] demonstrated... that there were disputed facts as to whether delivery of the insurance certificate occurred and whether [Svec] had knowledge or notice of the insurance policy limitations and exclusions. Svec pointed to Ohio law governing the delivery of individual certificates of insurance under group medical insurance policies. The law defined the respective duties of an insurer and employer in this context as follows: Each such policy shall contain in substance the following provisions: ...A provision that the insurer will furnish to the policyholder [that is, the employer], for delivery to each employee or member of the insured group, an individual certificate setting forth in summary form a statement of the essential features of the insurance coverage of such employee or member and to whom benefits thereunder are payable....