Van Dusseldorp v. Continental Casualty Co., No. 18-3257 (8th Cir. 2020)
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Plaintiff filed suit against Continental, seeking damages for breach of contract, bad faith, and misrepresentation, and declaratory relief. The district court dismissed all claims, holding that TLC, the registered residential living center plaintiff had moved into, was not a covered provider.
The Eighth Circuit applied South Dakota law and considered the interpretation of the Qualified Long Term Care insurance policy de novo, holding that the district court properly granted summary judgment to Continental. In this case, the policy excluded TLC because TLC was not an "assisted living center" under South Dakota law.
Court Description: [Loken, Author, with Shepherd and Stras, Circuit Judges] Civil case - Contracts. The district court did not err in determining that under South Dakota law and the provisions of the parties' contact for plaintiff's long term care, the provider plaintiff chose was not a covered provider, and defendant did not breach the contract or wrongfully deny benefits by denying coverage. [ March 09, 2020 ]
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