Pair Of Claims Survive Health Insurer’s Motion To Dismiss ERISA Case

(August 17, 2017, 3:46 PM EDT) -- NEWARK, N.J. — A health insurer impermissibly raises evidence outside the pleadings in a motion to dismiss an assignee’s Employee Retirement Income Security Act claims and incorrectly portrays a claim for breach of fiduciary duty as simply seeking benefits for which the plan provides, a federal judge in New Jersey held Aug. 7 in partially granting a motion to dismiss (Lourdes Specialty Hospital of Southern New Jersey, et al. v. Anthem Blue Cross Blue Shield, No. 16-07631, D. N.J., 2017 U.S. Dist. LEXIS 124730)....

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