Class Certified In Suits Alleging Denial Of Mental Health, Abuse Treatment

(September 21, 2016, 12:57 PM EDT) -- SAN FRANCISCO — A California federal judge on Sept. 19 certified a class of insureds accusing their health insurance provider of wrongly denying coverage of mental health and substance abuse treatment to thousands and claiming that the provider is an ERISA fiduciary under 29 U.S. Code Section 1104(a) “and therefore owes a duty to discharge its duties ‘with . . . care, skill, prudence, and diligence’ and ‘solely in the interest of the participants and beneficiaries’” (David Wit, et al. v. United Behavioral Health, No. 14-2346, Gary Alexander, et al. v. United Behavioral Health, No. 14-5337, N.D. Calif.; 2016 U.S. Dist. LEXIS 127435)....

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