World Insurance Co. v. Branch

Eleventh Circuit

World Insurance Co. v. Branch

156 F.3d 1142, 8 Am. Disabilities Cas. (BNA) 1023, 1998 U.S. App. LEXIS 24274

CourtCourt of Appeals for the Eleventh Circuit

DecidedSeptember 29, 1998

Docket97-9223

StatusPublished

This text of 156 F.3d 1142 (World Insurance Co. v. Branch) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

World Insurance Co. v. Branch, 156 F.3d 1142, 8 Am. Disabilities Cas. (BNA) 1023, 1998 U.S. App. LEXIS 24274 (11th Cir. 1998).

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Opinion

*1143 PER CURIAM:

Appellant Ralph J. Branch appeals the district court’s ruling rescinding the health insurance policy underwritten by World Insurance Company. Cross-Appellant World Insurance Company appeals the district court’s ruling that the policy limitation on expenses incurred for the treatment of Acquired Immune Deficiency Syndrome (AIDS) violates Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12189.

We affirm on the basis of the district court’s analysis and ruling in its May 22, 1997 order, in which the district court denied “defendant’s motion for summary judgment, as it pertains to plaintiffs claim for rescission and his counterclaim for specific performance .... ” World Ins. Co. v. Branch, 966 F.Supp. 1203, 1206-07 (N.D.Ga.1997). Because the policy has been rescinded, the district court’s ruling regarding AIDS and Title III of the ADA is moot and is vacated.

AFFIRMED IN PART and VACATED IN PART.

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*1143 PER CURIAM:

Appellant Ralph J. Branch appeals the district court’s ruling rescinding the health insurance policy underwritten by World Insurance Company. Cross-Appellant World Insurance Company appeals the district court’s ruling that the policy limitation on expenses incurred for the treatment of Acquired Immune Deficiency Syndrome (AIDS) violates Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12189.

We affirm on the basis of the district court’s analysis and ruling in its May 22, 1997 order, in which the district court denied “defendant’s motion for summary judgment, as it pertains to plaintiffs claim for rescission and his counterclaim for specific performance .... ” World Ins. Co. v. Branch, 966 F.Supp. 1203, 1206-07 (N.D.Ga.1997). Because the policy has been rescinded, the district court’s ruling regarding AIDS and Title III of the ADA is moot and is vacated.

AFFIRMED IN PART and VACATED IN PART.

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Bluebook (online)

156 F.3d 1142, 8 Am. Disabilities Cas. (BNA) 1023, 1998 U.S. App. LEXIS 24274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/world-insurance-co-v-branch-ca11-1998.

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