Health insurance contracts often exclude coverage for experimental treatments. No accepted definition of experimental treatment exists, however, and insurance contracts rarely define the term. Although experimental treatment exclusions are necessary and desirable, insurers may easily manipulate undefined exclusions to exclude treatments on inappropriate bases such as cost. Thus, courts should construe the term "experimental" narrowly and find treatments non-experimental if there is any demonstrated likelihood of their success.
Undefined Experimental Treatment Exclusions in Health Insurance Contracts: A Proposal for Judicial Response,
66 Wash. L. Rev.
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