United States Second Circuit

In an action against defendants-plan administrators for various violations of ERISA and the Women's Health and Cancer Rights Act, summary judgment for defendants is affirmed where defendants did not violate either statutes or the terms of the insurance plan in declining to reimburse the plaintiffs for: 1) more than $30,000 of plaintiff's $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 following the reconstruction surgery. Claims for breach of fiduciary duty pursuant to ERISA and remaining claims are also without merit.

Appellate Information

• Decided 03/26/2008
• Published 03/26/2008

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.