Smith v. Cross - United States Court of Appeals for the Seventh Circuit

Smith v. Cross

By United States Court of Appeals for the Seventh Circuit

  • Release Date - Published: 1992-03-27
  • Book Genre: Law
  • Author: United States Court of Appeals for the Seventh Circuit
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Smith v. Cross United States Court of Appeals for the Seventh Circuit read online review & book description:

FAIRCHILD, Senior Circuit Judge. In March 1989, the Smiths filed a complaint against Delco Electronics and Blue Cross and Blue Shield in a Wisconsin court. The complaint alleged that Mr. Smith was employed by Delco Electronics and that he and his wife were beneficiaries of Delcos group insurance plan, which was insured by Blue Cross. It alleged in an introductory portion that the plan provided remedies both under the Employment Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. and state law. Because of Mr. Smiths arthritis and Mrs. Smiths diabetes, they undertook a weight loss program under medical supervision and submitted the bills to Blue Cross for payment. On August 20, 1987, Blue Cross denied the Smiths claims. Although the complaint asserted plaintiffs entitlement to ERISA remedies, it set forth as separate claims for relief state law claims that the denial was a breach of contract, was done in bad faith, that the denial was a breach of fiduciary duty, caused emotional distress, and deprived them of constitutional rights to life, liberty and property.

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