Monday, February 20, 2012

Veteran Sues Insurance Carrier, Says Iraq War Was Over Before Deployment

Posted By on Mon, Feb 20, 2012 at 9:16 AM

An Oregon veteran looking for help with his combat-related injuries, has lodged a unique lawsuit against an insurance company that denied him coverage.

The Oregonian reports that 29-year-old Jerico McCoy, who deployed to Iraq in 2008, has been treated for post-traumatic stress disorder. But his insurance carrier, Aetna, denied his benefits under something called its "acts of war" exclusion. Simply put, it said payments wouldn't be approved for disabilities linked to wartime.

But McCoy, in his complaint filed last week in Portland federal court, said Iraq was a sovereign nation at the time of his deployment, and indeed, the war had ended.

The suit details how McCoy, when he returned stateside in 2009, began experiencing symptoms of PTSD - including flashbacks, anxiety, depression, muscle tension, fatigue and hyperarousal. His employer at the time, Bank of America, granted McCoy medical leave, but the company's carrier, Aetna, denied the short-term disability, saying it would not pay "for a disability resulting from acts of war, participation in a riot, insurrection, rebellion or civil commotion."

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