Delmarva Health Plan, Inc. v. Aceto

OPINION

STRINE, Vice Chancellor.

Defendant Marie Aceto has a life-threatening illness and may not survive without a lung transplant. Aceto has a health insurance policy from plaintiff Delmarva Health Plan (“DHP”). DHP filed this action seeking a declaration that it had no duty to cover Aceto’s lung transplant treatment. In support of that contention, DHP asserts that because Aceto’s policy provides coverage for kidney, bone marrow, and cornea transplants, it implicitly excludes coverage for all other transplants. In this opinion, I conclude that Aceto is entitled to coverage for a lung…