World Insurance Co. v. Branch , 156 F.3d 1142 ( 1998 )

[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 97-9223
________________________ ELEVENTH CIRCUIT
09/29/98
THOMAS K. KAHN
D. C. Docket No. 1:96-cv-2286-RCF
CLERK
WORLD INSURANCE CO., Individually
and as Successor-in-Interest
to Security General Life
Insurance Co.,
Plaintiff-Counter-defendant-
Appellee-Cross-Appellant,
versus
RALPH J. BRANCH,
Defendant-Counter-claimant-
Appellant-Cross-Appellee.
________________________
Appeals from the United States District Court
for the Northern District of Georgia
_________________________
(September 29, 1998)
Before BLACK and CARNES, Circuit Judges, and FAY, Senior Circuit
Judge.
PER CURIAM:
Appellant Ralph J. Branch appeals the district court's ruling rescinding the
health insurance policy underwritten by World Insurance Company. Cross-Appellant
World Insurance Company appeals the district court's ruling that the policy limitation
on expenses incurred for the treatment of Acquired Immune Deficiency Syndrome
(AIDS) violates Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§
12181-12189.
We affirm on the basis of the district court's analysis and ruling in its May 22,
1997 order, in which the district court denied “defendant’s motion for summary
judgment, as it pertains to plaintiff’s claim for rescission and his counterclaim for
specific performance . . . .” World Ins. Co. v. Branch, 966 F. Supp. 1203, 1206-07
(N.D. Ga. 1997). Because the policy has been rescinded, the district court's ruling
regarding AIDS and Title III of the ADA is moot and is vacated.
AFFIRMED IN PART and VACATED IN PART.
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