DOE v. MUTUAL OF OMAHA INS. CO.

No. 98-4112.

179 F.3d 557 (1999)

John DOE and Richard Smith, Plaintiffs-Appellees, v. MUTUAL OF OMAHA INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 2, 1999.

Rehearing and Suggestion for Rehearing Denied August 3, 1999.


Attorney(s) appearing for the Case

Stuart I. Graff, Schiff, Hardin & Waite, Heather C. Sawyer (argued), Ann H. Fisher, Chicago, IL, for Plaintiffs-Appellees.

Joel H. Kaplan (argued), Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for Defendant-Appellant.

Ann Elizabeth Reesman, McGuiness & Williams, Washington, DC, for Equal Employment Advisory Council.

Daniel Bruner, Whitman-Walker Clinic Legal Services, Washington, DC, for Infectious Diseases Society of America, Nat'l Assoc. of Public Hospitals & Health Services, HIV Managed Care Network, American Public Health Assoc., and the AIDS Foundation of Chicago.

Roger Leishman, Roger Baldwin Foundation of ACLU, Inc., Chicago, IL, for American Civil Liberties Union Foundation, American Civil Liberties Union of Illinois, National Association of Protection and Advocacy Systems, Disability Rights Education and Defense Fund, Inc. and Equip for Equality.

Jessica Dunsay Silver, Department of Justice, Civil Rights Division, Appellate Section, Washington, DC, for United States Department of Justice.

Chai R. Feldblum, Georgetown University Law Center, Washington, DC, for AIDS Action Council.

Before POSNER, Chief Judge, and EASTERBROOK and EVANS, Circuit Judges.


Rehearing and Suggestion for Rehearing En Banc Denied August 3, 1999.*

POSNER, Chief Judge.

Mutual of Omaha appeals from a judgment that the AIDS caps in two of its health insurance policies violate the public accommodations provision of the Americans with Disabilities Act. One policy limits lifetime benefits for AIDS or AIDS-related conditions (ARC) to $25,000, the other limits them to $100,000, while for other conditions the...

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