Important note: Information in this article was accurate in 1999. The state of the art may have changed since the publication date.
The Chicago Tribune - June 4, 1999
The ruling, handed down late Wednesday, said the federal law does not regulate the content of insurance policies. Two Chicago residents who are HIV-positive brought the case against Mutual of Omaha based on the caps in their policies--one limited lifetime benefits for AIDS or AIDS-related medical expenses at up to $25,000, and the other capped coverage at up to $100,000. For other conditions, the policies' limit was $1 million.
Attorneys for the plaintiffs contended the discrepancy was a violation of the Americans With Disabilities Act, which provides that no individual will be discriminated against or excluded from the goods and services provided by a public accommodation because of their disability.
But Mutual of Omaha argued that under the federal act, there is no provision to regulate the terms of insurance policies. The higher court agreed. Company spokesman Jim Nolan said the decision to impose limits is designed to limit risk and lower the rates of policy holders.
The plaintiffs have 14 days to determine if they will ask the court to reconsider its decision. They are also deciding whether to appeal to the U.S. Supreme Court, said Heather Sawyer, attorney for Lambda Legal Defense and Education Fund in Chicago.
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