Case: Health Care & Benefits/Summary Judgment (D. Mont.)

The District of Montana denied an employee’s motion for partial summary judgment on his action against Health Care Services Corporation for breach of contract as a matter of law, stemming from the denial of insurance coverage for back surgery determined to be experimental. The court granted the employee leave to amend his complaint to add a misrepresentation claim under Montana’s Uniform Trade Practices Act, and denied him summary judgment on his breach of contract claim.