In Fought v. UNUM Life Insurance Company of America, Fought underwent surgery for coronary artery disease, a pre-existing condition at the time she qualified for her employer s disability policy. Weeks after the surgery, she developed a staph infection, became disabled, and applied for coverage under her company s disability insurance. The insurer denied coverage on the basis of a pre-existing condition, her coronary artery disease, and Fought sued. As to the issue of causation, the court ruled:

Question

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Option C is correct because the staph infection was not a pre-existing condition and was not a necessary consequence of her coronary artery disease. The insurer's denial of coverage based on a pre-existing condition was incorrect in this case. Option A is incorrect because the fact that Fought had coronary artery disease does not necessarily mean that she would have developed an infection after undergoing surgery. Option B is incorrect because the staph infection was not a pre-existing condition. Option D is not relevant to the issue of causation in this case. The court ruled in favor of Fought because the staph infection was not a pre-existing condition and was not a necessary consequence of her coronary artery disease. The court rejected the insurer's argument that the surgery was the cause of the infection which would qualify it as a pre-existing condition. This means that Fought was entitled to coverage under her company's disability insurance policy.

In Fought V