Taylor v. Blue Cross/Blue Shield of New York

ORDER AND REASONS

CHARLES SCHWARTZ, Jr., District Judge.

This matter is before the Court on defendant’s motion to dismiss plaintiffs’ complaint for failure to state a claim upon which relief can be granted or alternatively for summary judgment. For the following reasons, the Court grants the motion.

This matter concerns ERISA, 1 Louisiana’s mandatory-provider insurance statute for chiropractors, and insurance policies that exclude coverage for chiropractic services. Today, the Court holds (1) that insurers of employee benefit plans covered by ERISA are not subject to La.R.S. 22:657 and (2) that…