United States Seventh Circuit

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Kenseth v. Dean Health Plan, Inc., 08-3219

In plaintiff's suit against her HMO pursuant to ERISA, arising from the denial of coverage for a surgical procedure to resolve the severe acid reflux related to her original vertical gastric banding surgery for morbid obesity, judgment of the district court is vacated in part, vacated in part and remanded where: 1) district court's grant of summary judgment to defendant on plaintiff's claims for equitable estoppel and for alleged violation of state law limit on exclusions for preexisting conditions is affirmed; but 2) district court's grant of summary judgment on plaintiff's claim for breach of fiduciary duty is vacated and remanded for a determination of whether plaintiff is seeking any form of equitable relief that is authorized by 29 U.S.C. section 1132(a)(3).

Appellate Information

  • Argued 02/27/2009
  • Submitted 06/28/2010
  • Decided 06/28/2010
  • Published 06/28/2010



  • United States Seventh Circuit


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