(Download) "Doe v. Mutual of Omaha Insurance Co." by Seventh Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Doe v. Mutual of Omaha Insurance Co.
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 02, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Mutual of Omaha appeals from a judgment that the AIDS caps in two of its health insurance policies violate the public accommodations provision of the Americans with Disabilities Act. One policy limits lifetime benefits for AIDS or AIDS-related conditions (ARC) to $25,000, the other limits them to $100,000, while for other conditions the limit in both policies is $1 million. Mutual of Omaha has stipulated that it "has not shown and cannot show that its AIDS Caps are or ever have been consistent with sound actuarial principles, actual or reasonably anticipated experience, bona fide risk classification, or state law." It also concedes that AIDS is a disabling condition within the meaning of the Americans with Disabilities Act. See Bragdon v. Abbott, 118 S. Ct. 2196, 2207-09 (1998); Doe v. DeKalb County School District, 145 F.3d 1441, 1445 n. 5 (11th Cir. 1998). Since the Supreme Court held in Bragdon that infection with the AIDS virus (HIV) is a disabling condition from the onset of the infection, 118 S. Ct. at 2204, before any symptoms appear, it is apparent that both ARC and AIDS are disabilities. Mutual of Omaha does not question this, but argues only that the Americans with Disabilities Act does not regulate the content of insurance policies.
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