Houston Home Dialysis, LP v. Blue Cross & Blue Shield of Texas

Court: SD Tx1st Cir    Court Dismisses Multiple Claims Brought by Insured in ERISA Case

Court dismisses claims against ERISA insurer for breach of fiduciary duty, failure to provide information, failure for violating ERISA procedures, and the Texas Insurance Code, but determines that remaining causes of action were proper.

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Texas Insurance Codepre-emptionfailure to provide full and fair reviewfailure to provide informationERISAviolation of claim proceduresbreach of contractERISA standingbreach of fiduciary dutyduplicative claimspromissory estoppelright to suequantum meruitnegligent misrepresentationdeclaratory judgment

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