Clifford Jearold Nesseim, Mary Lou Nesseim v. Mail Handlers Benefit Plan

JOHN R/GIBSON, Circuit Judge.

Mail Handlers Benefit Plan appeals from the district court’s entry of summary judgment in favor of Clifford Jearold and Mary Lou Nesseim on their claim for health care benefits to cover high-dose chemotherapy accompanied by an autologous bone marrow transplant. The. Plan denied the Nesseims’ request for precertification of coverage for treatment of Mary Lou’s breast cancer, the Nesseims appealed to the Office of Personnel Management, and the OPM refused to compel coverage. The district court reviewed the OPM’s decision de novo, and held that the Plan was ambiguous…