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Celtic Insurance Co. v. Cardona

Court: Tx 4-San Antonio  09/16/2020  Health Insurer Cannot Rely on Chapter 88 To Avoid Lawsuit

The Court affirmed a district court denial of a health insurer's motion to dismiss a lawsuit asserting claims for breach of contract, bad faith and wrongful death because the plaintiff had no duty to file an expert report within 120 days of the insurer's answer as the insurer's claim decision was not a "health care treatment decision" as defined by Chapter 88 of the Texas Civil Practices & Remedies Code.

health insurance, medical insurance, health care treatment decisions, statutory construction, Chapter 88

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