United States Tenth Circuit

In a dispute over coverage under a Long Term Care Insurance Policy of plaintiff's care at a particular facility, partial summary judgment in favor of plaintiff on the issue of coverage is reversed where the facility at issue does not qualify as a "Nursing Home" under the policy, and thus the insurer did not breach its contract with plaintiff as a matter of law when it denied her request for benefits.

Appellate Information

• Decided 01/09/2008
• Published 01/10/2008

Judges

• PER CURIAM., Before HENRY, Chief Judge, MURPHY, Circuit Judge, and FIGA, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Stephen S. Mansell, Esq., Mansell & Engell, P.C., (Mark A. Engel, Esq., with him on the brief), for Plaintiff-Appellee Zella Milburn., Reid L. Ashinoff, Esq., Sonnenschein, Nath, & Rosenthal, LLP, New York, NY(Jeffrey H. Wolf, Esq., Wolf+Law, PC, Fort Worth, Texas, and Mary Robertson, Crowe & Dunlevy, Norman, Oklahoma, with him on the briefs), for Defendant-Appellant Life Investors Insurance Co. of America.