Bell Care Nurses Registry, Inc. v. Continental Casualty Co.

SCHWARTZ, Senior Judge.

An ever-diminishing few of us remember Alan King’s story about a homeowner with a fire and theft policy who made a claim when his house burned down. He was met with the company’s denial of coverage on the ground that he needed instead a fire or theft policy and that, as written, the policy applied only if he were robbed while his house was on fire.

This case shows that things never really change. The insured bought and for thirteen years faithfully paid the semi-annual premiums for a “Home Health Care Policy” which covered home “primary” services, those of a registered…