Access Mediquip, L.L.C. v. Unitedhealthcare Insurance

The court took en banc this case, which raises questions about the scope of liability of an ERISA plan administrator and fiduciary for allegedly misrepresenting a plan beneficiary’s coverage in its advice to a provider of health devices. The vacated panel opinion relied primarily on this court’s decisions in Transitional Hosp. v. Blue Cross & Blue Shield of Texas, Inc., 164 F.3d 952 (5th Cir.1999), and Memorial Hosp. Sys. v. Northbrook Life Ins. Co., 904 F.2d 236 (5th Cir.1990), in reaching the conclusion that three of the provider’s state law claims, for negligent misrepresentation,…