Legal Opinion

Ruby Simkins M&k Enterprises v. Nevadacare, Inc.

Court of Appeals for the Ninth Circuit

Decided October 3, 2000No. 99-16844PublishedCited by 20 opinions

1Opinion of the Court

FISHER, Circuit Judge:

In this appeal, we must determine what forms of treatment a woman recovering from breast cancer would have understood her health insurance plan to cover if her cancer reappeared — specifically, whether it would cover high dose chemotherapy with peripheral stem cell rescue (“HDC/PSCR”). Does NevadaCare’s Plan, which includes coverage for chemotherapy and blood transfusions, but which, under an exclusion for organ transplants, excludes most tissue transplants, cover HDC/PSCR?

The district court on summary judgment found that HDC/PSCR was a tissue transplant, clearly…

2Cases cited10 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Rex T. KEARNEY, Jr., Plaintiff-Appellant, v. STANDARD INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1999
  3. Balint v. Carson CityCourt of Appeals for the Ninth Circuit · 1999
  4. Richard Atwood v. Newmont Gold Co., Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 1995
  5. Daniel Kunin v. Benefit Trust Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1990

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3Cited by20 opinions

  1. Gilliam v. Nevada Power Co.Court of Appeals for the Ninth Circuit · 2007
  2. Sousa v. Unilab Corp. Class II (Non-Exempt) Members Group Benefit PlanDistrict Court, E.D. California · 2002
  3. Bekos v. Providence Health PlanDistrict Court, D. Oregon · 2004
  4. Nieves v. Prudential Insurance Co. of AmericaDistrict Court, D. Arizona · 2017
  5. White v. Worthington Industries, Inc.District Court, S.D. Ohio · 2010

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