5th Circuit Denies Bid For Fees, Says ERISA Claimant Needs ‘Success On Merits’

Mealey's (July 6, 2020, 11:11 AM EDT) -- NEW ORLEANS — A woman who won a “procedural” victory in a federal appeal over an insurer’s partial denial of coverage for hospitalization to treat an eating disorder will have to score a win on the merits of her claim before she seeks an attorney fee award for the cost of that appeal, a panel of the Fifth Circuit U.S. Court of Appeals ruled June 29 (Katherine P. v. Humana Health Plan, Inc., No. 19-50276, 5th Cir., 2020 U.S. App. LEXIS 20404)....