Berry v. Time Insurance Co.
United States District Court for the District of South Dakota
798 F.Supp.2d 1015 (D.S.D. 2011)
Berry (plaintiff) held a nursing-home insurance policy through Time Insurance (defendant), administered by Hancock. The policy would cover alternate home care only if Berry, her doctor, and Time agreed on an alternate care plan. After an accident left Berry needing home healthcare, Hancock told her coverage required a licensed provider — even though her state didn't license home healthcare providers, and her actual policy didn't require licensure either. When Berry's doctor sought coverage for an unlicensed provider, Hancock refused. Berry sued for breach of contract, and the defendants moved to dismiss, arguing the condition precedent (a three-way agreement on an alternate plan) had never been met.
Whether the non-occurrence of a contractual condition precedent is excused when a party materially contributes to preventing that condition from occurring.