United States Sixth Circuit

In an action alleging that insurer/administrator wrongfully denied health insurance benefits for plaintiff's daughter pursuant to an employee health plan administered by it, summary judgment for insurer is affirmed where: 1) the district court correctly concluded that it possessed subject matter jurisdiction based on diversity of citizenship due, in part, to a request for attorneys' fees; and 2) the district court did not err in holding that there were no genuine issues of material fact with respect to plaintiffs' asserted consumer protection law, bad faith, and contract claims.

Appellate Information

• Decided 03/22/2007
• Published 03/22/2007

Judges

• Before SILER, GILMAN, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kathleen G. Morris, Kathleen G. Morris, Attorney at Law, Nashville, Tennessee, for Appellants.  Herbert E. Gerson, Ford & Harrison, Memphis, Tennessee, for Appellee.   ON BRIEF:  Kathleen G. Morris, Kathleen G. Morris, Attorney at Law, Nashville, Tennessee, Kent J. Rubens, Rieves, Rubens & Mayton, West Memphis, Arkansas, for Appellants.   Herbert E. Gerson, Thomas J. Walsh, Jr., P. Daniel Riederer, Ford & Harrison, Memphis, Tennessee, for Appellee.