New York's Supreme Court has ruled in favor of the boy, ordering the insurer to reimburse a portion of the expenses incurred for the surgery.
The boy suffers from
Gynecomastia, a condition afflicting boys and men where the mammary glands develop abnormally due to an imbalance of sexual hormones resulting in breast enlargement.
GHI had refused to pay for the surgery prompting the father of the 17 year old teenager to sue in 2004, saying the teen was
'teased by his classmates and even refused to attend an out-of-state university as he suffered from inferiority complex.'
GHI had filed an appeal against the ruling of saying, claims of mental distress were not coroburated by any mental health experts in court." It also argued that the procedure wasn't covered by them because it was elective and cosmetic in nature. this was rejected by the court in a vote of 4-0.
In making the ruling it was found that the procedure was "medically necessary", in order for the boy to lead a normal life. The insurance company was ordered to pay back $5,000 of the $7,500 the father had spent on the procedure.