Midpoint Service Provider, Inc. v. Cigna, the Developmental Disabilities Institute Health Plan

WINTER, Circuit Judge:

Midpoint Service Provider, Inc. appeals from Judge Baer’s order dismissing its complaint and granting judgment on Connecticut General Life Insurance Company (“CG”) 1 and The Developmental Disabilities Institute Health Plan’s (“DDI”) counterclaim. See Midpoint Service Provider, Inc. v. CIGNA No. 98 CIV 5987, 2000 WL 272306 (S.D.N.Y. Mar.10, 2000). The parties consented to the district court’s deciding the case on the basis of a statement of agreed facts. However, the parties could not reach an agreement upon such a statement. Both sides made conflicting submissions to the…