Judge: Even If Duplicative, Breach Of Fiduciary Duty Claim Survives Dismissal

(July 17, 2017, 5:10 PM EDT) -- NEWARK, N.J. — Even if potentially duplicative of other relief, a doctor’s Employee Retirement Income Security Act breach of fiduciary duty claim seeking full payment from an insurer survives the motion-to-dismiss stage, a federal judge in New Jersey held July 6 in finding that regulations governing claims procedures lack a private right of action (Rahul Shah, M.D., on assignment of Lorraine J. v. Aetna, No. 17-195, D. N.J., 2017 U.S. Dist. LEXIS 104750)....

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