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United States Tenth Circuit


HICKMAN v. GEM INS. CO., INC., 00-4082

A class action under ERISA, alleging that a medical benefits insurer wrongfully refused to fully pay certain hospital room and board charges is not actionable where the contract language was not ambiguous, and rates set were reasonable.

Appellate Information

  • Decided 08/13/2002
  • Published 08/13/2002

Judges

  • BROWN, Senior District Judge., Before EBEL, Circuit Judge, McWILLIAMS Senior Circuit Judge, and BROWN, Senior District Judge.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Brian S. King, (Marcie E. Schaap and Nicole T. Durrant of King, Burke & Schaap, P.C., Salt Lake City, Utah, with him on the brief), for Plaintiffs-Appellants.

  • For Appellees:
  • David M. Connors, (Bret F. Randall and Michael T. Hoppe of LeBoeuf, Lamb, Greene & MacRae, L.L.P., Salt Lake City, Utah and Kevin J. Fife of Olson & Hoggan, Logan, Utah, with him on the brief), for Defendant-Appellee.
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