Hartnett v. Jackson National Life Insurance Co.

Plaintiff filed a breach of contract lawsuit against the insurance company that issued her a long term care insurance policy after the insurance company denied her claim for home care expenses. Plaintiff had elected to receive post-surgical care at home instead of at a nursing home after she broke her hip. The district court entered summary judgment for defendant and plaintiff appealed. The Seventh Circuit affirmed, finding that nothing in the language of the policy entitled plaintiff to a home health care benefit and that an alternative plan of care provision required that any alternative be mutually-agreed on by the insurance company. (SCUDDER, concurring and RIPPLE, concurring in part and dissenting in part)