ERISA Class Action Against Blue Shield of California Advances

Participants in group health-insurance policies issued by Blue Shield of California can continue with their ERISA lawsuit challenging the insurer’s policy of excluding coverage for artificial disc replacement surgery (Escalante v. Cal. Physicians’ Serv., 2016 BL 246526, C.D. Cal., 2:14-cv-03021, 7/29/16).

Judge Dean D. Pregerson of the U.S. District Court for the Central District of California denied in part the insurer’s motion for summary judgment.

Pregerson held July 29 that because the plan documents granted discretionary authority to Blue Shield, the court would review the denial decision under the abuse-of-discretion standard. However, Pregerson said that because issues ...