United States Second Circuit

In action against health insurance plans alleging violations of ERISA and the Women's Health and Cancer Rights Act, summary judgment for defendants is affirmed as defendants did not violate either statute or the terms of the insurance plan in declining to reimburse the plaintiffs for: 1) more than $30,000 of a $40,000 doctor's bill for bilateral breast reconstruction surgery where the maximum reimbursement for a single such surgery would have been $20,000; or 2) private-duty nursing.

Appellate Information

• Decided 02/26/2008
• Published 02/26/2008

Judges

• SACK, Circuit Judge:, Before:  WALKER and SACK, Circuit Judges, and DANIELS, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Geri S. Krauss, Esq., New York, NY, Pro Se, for Plaintiffs-Appellants.


• For Appellees:
  
• Peter P. McNamara, Rivkin Radler LLP, (Cheryl F. Korman, of counsel), Uniondale, NY, for Defendants-Appellees.