INSURANCE: Claims relating to “Chamber Choices” health insurance program survive motion to dismiss based on alleged law of case vis-à-vis Federal Court disposition of ERISA theory, negligent misrepresentation pleading requirements… Halligan. [Read more…]
Health insurance, “Chamber Choices,” ERISA, state law
HEALTH INSURANCE: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses properly rejected as not subject to ERISA… state law claims improperly dismissed without opportunity to amend to state fraud allegations with greater particularity or file in State Court… Christensen affirmed, reversed. [Read more…]
ERISA, “Chamber Choices” health insurance
ERISA: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses rejected for failure to establish fiduciary duty, failure to segregate funds… state law claims impermissible “alternative enforcement mechanisms”… Christensen. [Read more…]
ERISA, Montana HIPPA, unfair discrimination
ERISA: Claim that Montana HIPAA prohibits requiring an individual to pay a premium greater than premiums of similarly situated [Read more…]