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United States Eighth Circuit


Knierem v. Group Health Plan, Inc., 05-1139

Dismissal of plaintiff's, representative of decedent's estate, suit for wrongful denial of coverage is affirmed since ERISA does not allow a monetary award of restitution and a surcharge to beneficiaries of a decedent when a plan administrator improperly fails to authorize a procedure.

Appellate Information

  • Decided 01/19/2006
  • Published 01/19/2006

Judges

  • RILEY, Circuit Judge., Before RILEY, HANSEN, and COLLOTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • David C. Knieriem, argued, Clayton, MO, pro se.

  • For Appellees:
  • Melissa Z. Baris, argued, St. Louis, MO, for appellee.
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