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Windmill Wellness Ranch, LLC v. Blue Cross and Blue Shield of Texas

Court: WD Tx  11/23/2020  Courts Grants In Part ERISA Insurer's Motion to Dismiss

A court of the Western District of Texas granted ERISA insurer's motion to dismiss health care provider's "negligent supply of business information" claim, finding such a claim stated no injury independent from its contractual claims, but denied the motion to dismiss provider's breach of contract claim were a provider's failure to identify specific plan provisions does not mandate dismissal of its claims for ERISA benefits or breach of express contract.

ERISA, health insurer, employee benefits plan, denial of benefits, motion to dismiss, negligence, negligent misrepresentation, breach of contract, claim for ERISA benefits

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