UnitedHealth Wants ERISA Suit Over Cancer Treatment Axed

Law360 (August 13, 2019, 7:05 PM EDT) -- UnitedHealthcare Insurance Co. told a Massachusetts federal judge Tuesday that a proposed class action accusing the insurer of violating the Employee Retirement Income Security Act by refusing to cover a cancer treatment called proton beam therapy is too flawed to move forward.

In its motion to dismiss, UnitedHealthcare said Kate Weissman wrongly challenged the drafting and implementation of the policy regarding proton beam therapy in her suit instead of its application. In doing so, Weissman essentially asked the court to impose an independent ERISA fiduciary duty that doesn't exist, the insurer said.

Because the adoption of the policy was a business...

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