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VENCOR, INC. v. PHYSICIANS MUT. INS. CO.

No. 99-7089.

211 F.3d 1323 (2000)

VENCOR, INC. d/b/a Vencor Hospitals Texas, LTD., d/b/a Vencor Hospital-Houston Northwest, d/b/a THC of Texas, Inc., d/b/a Vencor Hospital-New Orleans, d/b/a THC of Louisiana, Inc., d/b/a Vencor Hospital-Sycamore, d/b/a Vencor Hospital-Sacramento, d/b/a Vencor Hospitals California, Inc., d/b/a Vencor Hospital-Houston, d/b/a Vencor Hospital-Dallas, Appellant, v. PHYSICIANS MUTUAL INSURANCE CO., Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 2000.

Attorney(s) appearing for the Case

Bradley L. Kelly argued the cause for appellant. With him on the briefs was Laura J. Oberbroeckling.

James J. Frost argued the cause for appellee. With him on the brief were Stephen A. Fennell and Terrence D. O'Hare. Roger E. Warin entered an appearance.

Before: SILBERMAN, WILLIAMS and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Vencor, Inc., a provider of longterm hospital care, filed a diversity action1 against Physicians Mutual Insurance Company, seeking reimbursement for expenses incurred by 10 patients who stayed in six of its hospitals beyond the period covered by Medicare. Each of the patients held "Medigap" insurance policies issued by Physicians Mutual;...

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