· 6/15/1994
Everson v. Blue Cross and Blue Shield of Ohio
Citations
- 898 F. Supp. 532
- 18 Employee Benefits Cas. (BNA) 2062
- 1994 U.S. Dist. LEXIS 14754
- 1995 WL 561441
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that one Plan Certificate, when read alone, left ambiguous whether the “reasonable charge” from which copayments are calculated reflected agreed upon discounts, and construing the ambiguity against the insurer
- finding that certain plaintiffs stated a claim for breach of fiduciary duty when it alleged that insurer did not share in the discounts it received from health care providers in violation of subscriber certificates
- finding Blue Cross Blue Shield had discretionary authority regarding claims and negotiation with providers regarding charges that it would pay under terms of plan
- policy language defining \provider’s reasonable charge” as \the charge that we determine is reasonable for Covered Services provided to you. A Contracting Provider’s Reasonable Charge is established by the agreement between us and the provider ”, read alone, is ambiguous
Source: CourtListener parenthetical corpus (CC0).
Judges: Carr
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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