Legal Opinion

Kenseth v. DEAN HEALTH PLAN, INC.

Court of Appeals for the Seventh Circuit

Decided June 28, 2010No. 08-3219PublishedCited by 90 opinions

1Opinion of the Court

ROVNER, Circuit Judge.

Eighteen years after Deborah Kenseth underwent vertical gastric banding to treat her morbid obesity, her physician advised her to undergo a second surgical procedure to resolve the severe acid reflux and related maladies she was experiencing as complications of the original surgery. Before having the corrective surgery, Kenseth telephoned her health maintenance organization’s customer service line to determine whether the surgery would be covered by her insurance. She was advised that it would be, subject to a $300 copayment. But the day after she had the surgery, her…

2Cases cited50 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  3. Varity Corp. v. HoweSupreme Court of the United States · 1996
  4. Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
  5. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993

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3Cited by90 opinions

  1. O'LEARY v. Accretive Health, Inc.Court of Appeals for the Seventh Circuit · 2011
  2. Allen v. Greatbanc Trust Co.Court of Appeals for the Seventh Circuit · 2016
  3. Howell v. Motorola, Inc.Court of Appeals for the Seventh Circuit · 2011
  4. Young v. Verizon's Bell Atlantic Cash Balance PlanCourt of Appeals for the Seventh Circuit · 2010
  5. Deborah Kenseth v. Dean Health Plan, IncorporatedCourt of Appeals for the Seventh Circuit · 2013

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