A U.S. District Court in Ohio finds that
an assisted living facility is a long-term care facility under the
terms of a long-term care insurance policy, even though the facility
did not have a nurse on site 24 hours a day. Hoekenga v. Continental Casualty Company (U.S. Dist. Ct., S.D. Ohio, No. 1:06-cv-458, April 18, 2007).

Barbara
Hoekenga purchased a long-term care insurance policy from Continental
Casualty Company. The policy defined a long-term care facility as one
that provided 24-hour-a-day nursing services under the supervision of a
registered nurse.

After
Ms. Hoekenga moved into an assisted living facility, Continental denied
coverage because the facility did not have a nurse on the site 24 hours
a day; rather, nursing services were provided 24 hours a day under the
supervision of a nurse. Ms. Hoekenga sued the company in federal
district court.

The
U.S. District Court for the Southern District of Ohio grants Ms.
Hoekenga summary judgment. The court holds that the term "supervision"
does mean a nurse must be physically present 24 hours a day.