Judge: Fiduciary Duty Claim In Wilderness Therapy ERISA Case Survives, Judge Says

Mealey's (September 13, 2018, 12:24 PM EDT) -- NEW YORK — An insurer’s alleged coverage for skilled nursing and rehabilitation while imposing a blanket exclusion on wilderness therapy adequately pleads a violation of the mental health parity law, a federal judge in New York held Sept. 11 while denying a motion to dismiss an ERISA breach of fiduciary duty claim (William Gallagher, et al. v. Empire Healthcare Assurance Inc., et al., No. 16-9105, S.D. N.Y.)....