Is a BMI of 40+ automatically considered MO or do Ins co have final say?

My policy states "surgical correction or treatment of obesity is exluded except when necessitated by a specifically identifiable medical condition and the condition is Morbid Obesity." From this site I've seen that MO is a BMI of 40 or more or 100+ lbs overweight. But I am sure that I have also seen someone say that their insurance company's definition of MO was with a BMI of 50. Do they have the right to modify the medical definition and not accept you for the WLS even if you are over BMI of 40? Thanks in advance for the input!

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