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Eyler paid her certain annual wages.3
At all relevant times, Ms. Eyler, who suffers from melanoma,
experienced difficulty in obtaining a health insurance policy in
her own name. At those times, Mr. Eyler, as Ms. Eyler’s em-
ployer, provided a verbal plan (unwritten health plan), of which
Ms. Eyler was aware, for the benefit of Ms. Eyler and her spouse
Mr. Eyler. Pursuant to the terms of that plan, Mr. Eyler, as Ms.
Eyler’s employer, agreed to pay for health insurance for Ms.
Eyler and her spouse Mr. Eyler.
On a date not disclosed by the record prior to January 1,
2000, Mr. Eyler completed a preprinted application form (Mr.
Eyler’s Wellmark application)4 in which he applied to
Wellmark/Blue Cross and Blue Shield of Iowa (Wellmark) for a so-
called Plan III health insurance policy to cover himself and Ms.
Eyler. In that application, Mr. Eyler identified himself as
“Applicant” and Ms. Eyler as “Spouse”. The portion of Mr.
Eyler’s application entitled “Enrollment Information” stated in
pertinent part:
3The record does not disclose the amount of annual wages
that Mr. Eyler paid Ms. Eyler during 2001. The record does,
however, disclose that Mr. Eyler issued to Ms. Eyler Form W-2,
Wage and Tax Statement, for 2001 that showed “Wages, tips, other
compensation” of $3,600.
4The title of Mr. Eyler’s Wellmark application is not dis-
closed by the record.
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Last modified: March 27, 2008