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Texienne Physicians Medical Association, PLLC v. Blue Cross And Blue Shield Of Texas

Court: ND Tx  04/04/2023  Provider Properly Pleaded Derivative Standing and Breach of Contract in Suit for ERISA Benefits

A court of the Northern District of Texas granted in part a health insurer's motion to dismiss, holding that the plaintiff medical provider's complaint did not properly identify the plan beneficiaries or policies allegedly breached and that the provider should be given leave to amend, but denying the insurer's motion in part where the provider properly pleaded breach of contract and derivative standing to bring the suit on the plan beneficiaries' behalf.

health insurance policy, ERISA, breach of contract, FRCP 12(b)(1), FRCP 12(b)(6), standing, derivative standing, assignment, plan beneficiary, provider, preemption

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