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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!