Man sues health insurer over policy

A man has sued a health insurer for withdrawing the policy of his son admitted to a city hospital’s Intensive Care Unit.

Mr Gurdev Singh wants the High Court to allow him to be appointed the attorney and agent of his 30-year-old son Rashpal Rooprai, who is in a coma at The Aga Khan Hospital, so that he can pursue the case against African Air Rescue (AAR).

Mr Rooprai has been in the ICU since May nursing brain damage after a gang attacked him in Nairobi.

Mr Singh says AAR has withdrawn the insurance policy of his son unlawfully, and that the patient has accrued a Sh10 million medical bill.

In a case filed at the court in Nairobi on Monday, Mr Singh accuses AAR of breach of contract.

He says he needs to take over the affairs of his son because he is totally incapacitated and cannot pursue his claim against the insurer.

He claims that AAR withdrew the cover leaving his son vulnerable, exposed and helpless. Mr Rooprai has been a member of AAR since 2008.

Mr Singh contends that unless the court empowers him directly to commence, institute, maintain and defend actions against his son before any court of law, he may incur heavy losses.

According to Mr Singh, his son renewed his policy on June 18 and paid Sh52, 187 for a Silver health plan. But in a surprise move, AAR wrote a letter to Mr Rooprai on July 2 cancelling the policy.

The father accuses AAR of acting in bad faith when it cancelled the policy of his son.

Mr Justice Weldon Korir allowed the lawyer acting for Mr Singh to file an additional affidavit.

He directed that the case be mentioned next Tuesday for directions.