Insured, Insurer Spar In 9th Circuit About Policy’s Device Exclusion Under ERISA

Mealey's (June 4, 2021, 10:53 AM EDT) -- SAN FRANCISCO — In briefs to the Ninth Circuit U.S. Court of Appeals, the most recent on June 1, an employer-sponsored plan beneficiary argues that a medical policy Anthem Inc. relied on in denying her coverage for a nerve stimulation pain management treatment is not part of the plan and seeks reversal of a California federal court’s dismissal of her class allegations that the denial violated the Employee Retirement Income Security Act; Anthem, in turn, argues that the plan expressly incorporated the policy....