Legal Opinion
Kendall v. Genworth Life Insurance Co.
District Court, M.D. Florida
Decided June 22, 2016No. Case No: 8:15-cv-2328-T-27AASPublishedCited by 2 opinions
1Opinion of the Court
ORDER
JAMES D. WHITTEMORE, United States District Judge
BEFORE THE COURT is Defendant Genworth Life Insurance Company’s Motion for Judgment on the Pleadings (Dkt. 11), which Plaintiff opposes (Dkt. 14). Upon consideration, the Motion is GRANTED. The facility in which Betty Kendall resided was not “licensed by the appropriate licensing agency to engage primarily- in providing nursing care and related services to inpatients” and therefore does not constitute a “nursing home” under the terms of the Policy.
I. BACKGROUND
In 1991, Betty Kendall purchased a Long Term Care Policy (the “Policy”) from…
2Cases cited9 opinions
- Enora Perez v. Wdlls Fargo N.A.Court of Appeals for the Eleventh Circuit · 2014
- Christopher Cannon v. City of West Palm Beach, and W.H. Krick, in His Individual CapacityCourt of Appeals for the Eleventh Circuit · 2001
- Safeway Ins. Co. of Alabama, Inc. v. HerreraSupreme Court of Alabama · 2005
- State Farm Mutual Automobile Insurance Co. v. Brown ex rel. BrownSupreme Court of Alabama · 2009
- Gillogly v. General Electric Capital Assurance Co.Court of Appeals for the Tenth Circuit · 2005
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3Cited by2 opinions
- Timber Pines Plaza, LLC v. Kinsale Insurance Co.District Court, M.D. Florida · 2017
- Nationwide Mut. Ins. Co. v. NelsonDistrict Court, M.D. Florida · 2018