LTC policy's unambigous terms trump insured's subjective expectation *

USA - February 15 2013
According to one federal district court, an insured's subjective expectation that his long-term care insurance policy would cover care in an…

Eleventh Circuit affirms denial of ALF coverage under home care only policy *

USA - August 27 2012
Rejecting an invitation by appellant-plaintiff to disregard express policy language, the Eleventh Circuit Court of Appeals denied an appeal by an insured seeking home health care benefits for services received in an assisted living facility (ALF).

Co-authors: Clifton R. Gruhn.

Long-term care insurance: litigation updates *

USA - June 4 2012
Older long-term care insurance policy forms are coming under increasing attack by plaintiffs seeking to bootstrap statutory and regulatory requirements enacted after the policies were originally issued.

Co-authors: Clifton R. Gruhn.

Attorney misconduct sinks class certification *

USA - March 20 2012
In Creative Montessori Learning Centers v. Ashford Gear LLC (Nov. 22, 2011), the Seventh Circuit, in an opinion by Judge Posner, vacated an order granting class certification because attorney misconduct rendered plaintiff’s counsel inadequate to represent the class.