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DELMARVA HEALTH PLAN, INC. v. ACETO

Civil Action No. 17479.

750 A.2d 1213 (1999)

DELMARVA HEALTH PLAN, INC., a foreign corporation, Plaintiff, v. Marie L. ACETO, Defendant.

Court of Chancery of Delaware, New Castle County.

Decided: November 22, 1999.

Attorney(s) appearing for the Case

Edward A. Tarlov, William D. Sullivan, William F. Taylor, of Elzufon & Austin, Wilmington, Delaware, for Plaintiff.

Jeffrey K. Martin, of Jeffrey K. Martin, P.A., Wilmington, Delaware, for Defendant.

OPINION

STRINE, Vice Chancellor.

Defendant Marie Aceto has a life-threatening illness and may not survive without a lung transplant. Aceto has a health insurance policy from plaintiff Delmarva Health Plan ("DHP"). DHP filed this action seeking a declaration that it had no duty to cover Aceto's lung transplant treatment. In support of that contention, DHP asserts that because Aceto's policy provides coverage for kidney, bone marrow, and cornea transplants...

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