West Virginia Supreme Court

Stephen A. Wickland

November 4, 1998204 W. Va. 430

Summary

The court held that occasional complaints of dizziness, without medical advice, diagnosis, examination, or treatment directed to the underlying condition, did not constitute a preexisting condition under the long-term care policy and governing statute. Because the medical records showed only sporadic dizziness complaints and no treatment or diagnosis of falls or vertigo during the six-month lookback period, the nursing-home benefits were not excluded. The court reversed the circuit court and remanded for entry of summary judgment for the administrator.