11th Circ. Backs Toss Of WellPoint Reimbursement Suit

Law360, New York (October 25, 2012, 5:52 PM EDT) -- The Eleventh Circuit on Tuesday upheld the dismissal of a long-running class action accusing WellPoint Inc. of improperly calculating reimbursements for dental services, agreeing with the lower court that the dentist who launched the suit hadn't yet exhausted his administrative remedies.

A three-judge panel said a Florida magistrate judge correctly concluded that San Diego periodontist Dr. David Richards' letter to WellPoint asking the insurer to explain why it partially denied benefits to a patient didn't constitute an administrative appeal. Richards, two other dentists and the American...
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