Let's say the PPACA law is struck down by SCOTUS, and the whole law is called unconstitutional. What happens to a case like this:
1 - Client committed fraud on the application, had an expensive procedure, the insurer found out and cancelled the policy. However, due to PPACA laws the insurer could not RETROACTIVELY term the policy, but had to term it after the claim hit.
2 - PPACA is struck down
3 - Insurer goes back to court to claim fraud & material misrepresentation in order to rescind the policy back to the inception date and get back the money they paid for the claim.
This is just one scenario, but it applies to every issue in PPACA that once was law and suddenly is not law if SCOTUS overturns it. What happens in cases like that?
1 - Client committed fraud on the application, had an expensive procedure, the insurer found out and cancelled the policy. However, due to PPACA laws the insurer could not RETROACTIVELY term the policy, but had to term it after the claim hit.
2 - PPACA is struck down
3 - Insurer goes back to court to claim fraud & material misrepresentation in order to rescind the policy back to the inception date and get back the money they paid for the claim.
This is just one scenario, but it applies to every issue in PPACA that once was law and suddenly is not law if SCOTUS overturns it. What happens in cases like that?