Bushnell v. Medico Insurance

¶1 — Leroy Bushnell, as the personal representative of the estate of Evelyn Bushnell (collectively Bushnell), appeals summary judgment dismissal of the lawsuit against Medico Insurance Company of Nebraska for denial of coverage under a nursing care insurance policy issued to Evelyn Bushnell in 1987. Medico denied Bushnell’s claim for nursing care benefits on the grounds that the three-day prior hospitalization requirement was not met, and coverage lapsed for nonpayment. On cross motions for summary judgment, the trial court ruled that as a matter of law, the three-day hospital stay…