Fla. Court Sends UHC Cancer Coverage Suit To Mass.
Law360 (October 28, 2019, 7:13 PM EDT) -- A Florida federal judge on Monday granted UnitedHealthcare's motion to transfer a prominent Miami attorney's proposed class action over cancer treatment coverage to Massachusetts, where a similar case had been filed a month earlier.
In his eight-page order, U.S. District Judge Darrin P. Gayles agreed with UnitedHealthcare Insurance Co. that transfer was supported under the "first-to-file rule," as he found significant overlap between Richard Cole's April 3 complaint alleging the insurer violated federal benefits law by refusing to cover a treatment known as proton beam therapy, or PBT, and a case filed March 26 in the District of Massachusetts.
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