Judge Allows Insurer’s Counterclaim, Defenses, In Drug Coverage Suit

Mealey's (March 29, 2018, 3:14 PM EDT) -- DALLAS — An insurer’s claim that a man intentionally ignored available information and relied on knowingly outdated covered provider lists in an effort to sue and harass it adequately pleads a claim under Texas law and may proceed, and the insurer’s defenses are misconstrued as affirmative defenses in a motion to strike, a federal judge in Texas held in adopting a pair of reports and recommendations on March 27 and March 28 (Nicholas D. Mosser v. Aetna Life Insurance Co. and eHealth Insurance Services Inc., No. 15-430, E.D. Texas)....