Legal Opinion
Summers v. Touchpoint Health Plan, Inc.
Court of Appeals of Wisconsin
Decided September 12, 2006No. 2005AP2643PublishedCited by 3 opinions
1Opinion of the CourtCane, C.J.
¶ 1. Kevin and Amy Summers appeal a summary judgment concluding that Touchpoint Health Plan, Inc., properly denied healthcare benefits to the Summers' son Parker. The Summers assert the trial court's decision should be reversed for the following four reasons: (1) the trial court should have applied a de novo standard of review instead of the arbitrary and capricious standard; (2) even applying the arbitrary and capricious standard, Touchpoint acted arbitrarily and capriciously in denying Parker benefits; (3) Touchpoint's second denial letter was arbitrary and capricious; and (4) the insurance…
2Cases cited11 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
- Carolyn Herzberger v. Standard Insurance Company, Beverly A. Johnson v. Prudential Insurance Company of AmericaCourt of Appeals for the Seventh Circuit · 2000
- Hackett v. Xerox Corp. Long-Term Disability Income PlanCourt of Appeals for the Seventh Circuit · 2003
- Gary Kirwan v. Marriott Corporation, a Delaware CorporationCourt of Appeals for the Eleventh Circuit · 1994
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3Cited by3 opinions
- Summers v. Touchpoint Health Plan, Inc.Wisconsin Supreme Court · 2008
- State ex rel. Beck v. LambCourt of Appeals of Wisconsin · 2018
- Summers v. Touchpoint Health Plan, Inc.Wisconsin Supreme Court · 2008