Smith v. Blue Cross & Blue Shield United of Wisconsin
Court of Appeals for the Seventh Circuit
1Opinion of the Court
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 Delco’s 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. Smith’s arthritis and Mrs. Smith’s diabetes, they undertook a…
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