Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Lubeznik v. HealthChicago, Inc.

Appellate Court of Illinois
644 N.E.2d 777 (1994)


Dr. Stiff recommended that Bonnie Lubeznik (plaintiff) undergo a specific form of bone marrow transplant and chemotherapy treatment to treat Stage III ovarian cancer. Lubeznik’s insurer, HealthChicago, Inc. (defendant) required her to obtain approval in advance for elective procedures such as this one. Stiff contacted HealthChicago and requested that it agree in advance to pay for the treatment, known as pre-certification. HealthChicago’s medical director, Dr. Mathy, denied the request concluding that the treatment was experimental and not covered under Lubeznik’s policy. Lubeznik filed suit against HealthChicago requesting injunctive relief to require the insurer to pre-certify her for the treatment. At the hearing, Stiff testified that he had performed the requested treatment on 21 patients with a 75 percent success rate of complete cancer remission. Stiff also testified that the treatment was not experimental and provided supporting documentation. Mathy testified that he denied the pre-certification request because it was experimental. However, it was only after that decision that he obtained supporting documentation from several federal health care agencies that the procedure was indeed experimental. The circuit court granted Lubeznik’s injunction and HealthChicago appealed to the appellate court of Illinois, arguing that the court improperly determined that the treatment Lubeznik requested was covered under her insurance policy.

Rule of Law


Holding and Reasoning (Johnson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 410,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial