Rock Island Bank v. Time Ins. Co.

• Decision Date: 23 January 1978
• Docket Number: No. 77-271,77-271
• Citation: 57 Ill.App.3d 220,14 Ill.Dec. 719,372 N.E.2d 998
• Parties: , 14 Ill.Dec. 719 The ROCK ISLAND BANK, Executor of the Estate of Hyman Avrick, Deceased, Plaintiff-Appellant, v. TIME INSURANCE COMPANY, Defendant-Appellee.
• Court: United States Appellate Court of Illinois

Page 998

372 N.E.2d 998

57 Ill.App.3d 220, 14 Ill.Dec. 719

The ROCK ISLAND BANK, Executor of the Estate of Hyman

Avrick, Deceased, Plaintiff-Appellant, v. TIME INSURANCE COMPANY, Defendant-Appellee.

No. 77-271.

Appellate Court of Illinois, Third District.

Jan. 23, 1978.

Rehearing Denied March 14, 1978.

Frank G. Schubert and Stephen G. Andich, Arndt, Schubert & Andich, Rock Island, for plaintiff-appellant.

Robert T. Park and John M. Telleen, Katz, McAndrews, Durkee & Telleen, Rock Island, for defendant-appellee.

STOUDER, Justice.

This appeal is from the judgment of the circuit court of Rock Island County, after a bench trial, finding in favor of defendant-appellee, Time Insurance Company, and against the Rock Island Bank, Executor of the Estate of Hyman Avrick.

The insured, Hyman Avrick, brought an action against his group insurer, Time Insurance Company, for payment of bills he had incurred, inter alia, for the services of licensed practical nurses hired to care for him as a result of illness. The trial court found in favor of the defendant insurance company on the ground the policy of insurance covered the services of a graduate registered nurse only, and did not cover the services of a licensed practical nurse.

Among the covered expenses in the policy was "c. NURSE EXPENSE: Private duty nursing services by graduate registered nurses, who are not immediate members of the Insured's family." The insurance company refused to pay for the services of the thirty-two licensed practical nurses who were used for over one hundred days of service. The company did pay for the services of a registered nurse who was used for one day.

Plaintiff's entire argument is predicated on the assumption there is ambiguity in the policy with regard to the use of the term "graduate registered nurses." He relies heavily on a New York trial court decision, Kaplan v. New York Life Insurance Company, 19 Misc.2d 987, 192 N.Y.S.2d 378, in which the court held the phrase "graduate registered nurse" in a medical expense policy covering charges for full time private duty nursing services included practical nurses who were graduates of the school of training of practical nurses and who were licensed to practice as practical nurses and was not limited to a professional nurse having the right to use the title "Registered Nurse". We do not accept the reasoning of that court. There is a clear statutory difference between "Registered Nurse or Registered Professional Nurse" and "Practical Nurse or Licensed Practical Nurse". (Ill.Rev.Stat.1969, ch. 91, par. 35.35.) We do not believe the facts that both classes of nurses must register and that both classes might be graduates of a school of nursing require the legal conclusion that "Licensed Practical Nurses" fall within the "Graduate Registered Nurses" language of the policy. Furthermore, although we note the record shows it was extremely difficult, if not almost impossible, to obtain the services of registered nurses, we cannot rule in direct conflict with the very clear limiting language of the policy. We recognize the well-established rule that where the language of an insurance policy is ambiguous the policy should be construed in favor of the insured. Glidden v. Farmers Automobile Insurance Association, 57 Ill.2d 330, 312 N.E.2d 247. However, where as in the instant case there is no ambiguity, this court will not ignore the very plain language of the policy.

We hold the term "Graduate Registered Nurses" as used in the policy in this case does not include the services of "Licensed Practical Nurses".

For the foregoing reasons the judgment of the circuit court of Rock Island County is affirmed.

Affirmed.

STENGEL, P. J., concurs.

BARRY, J., dissents.

BARRY, Justice, dissenting:

The failure of the insurance...