Tolani v. Med. Mut. of Ohio

Citations

• 2025 Ohio 5624

Syllabus

Civ.R. 56, motion for summary judgment, dispute of material fact, breach of contract, bad faith, 45 CFR 155.305, intent to reside, lawful presence, B-2 visa. Ajit Tolani (\Ajit\) and Shruti Tolani sued Medical Mutual of Ohio (\MMO\) for breach of contract and bad faith following recission of their health-insurance coverage. A dispute of material fact existed regarding whether Ajit intentionally misrepresented information to MMO when applying for health insurance, as the policy required for MMO to rescind. Despite MMO's assertions that Ajit's temporary-visa status prevented him from intending to reside in the service area or reasonably expecting to be lawfully present in the service area under the Affordable Care Act, MMO submitted no evidence regarding what information Ajit provided it when he applied for the policy. As such, the court erred in granting summary judgment.