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Texas Magistrate Judge: ERISA Section 502(a)(1)(B) Claims Should Proceed

Mealey's (November 3, 2016, 6:50 PM EDT) -- HOUSTON — A Texas magistrate judge on Oct. 4 recommended that a Houston-area health insurer’s motion to dismiss claims under Employee Retirement Income Security Act Section 502(a)(1)(B) for allegedly denying or underpaying health care claims should be denied because the allegations are definite enough to plead an ERISA violation under the Dillingham test adopted by the Fifth Circuit (Elite Center for Minimally Invasive Surgery LLC v. Health Care Service Corp., d/b/a BlueCross Blue Shield of Illinois, No. 4:15-cv-00954, S.D. Texas; 2016 U.S. Dist. LEXIS 146887)....
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