· 8/1/1990
Robert E. Anderson v. Blue Cross/blue Shield of Alabama, Health Maintenance Group
Citations
- 907 F.2d 1072
- 1990 U.S. App. LEXIS 12635
- 1990 WL 96283
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that where a plan gives a fiduciary the right to determine which services and supplies are medically necessary, and therefore payable, the arbitrary and capricious standard applies
- practically court must determine legally correct plan interpretation; then, if different from insurer’s, court must ascertain whether insurer arbitrary and capricious in using different interpretation
- “Practically, we first must determine the legally correct plan interpretation; then, if HMG has interpreted the contract differently, we must ascertain whether HMG was arbitrary and capricious in using a different interpretation”
Source: CourtListener parenthetical corpus (CC0).
Judges: Fay, Johnson, Gibson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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