Johnson v. Blue Cross & Blue Shield of Alabama, Inc.

MEMORANDUM OPINION

SMITH, District Judge.

Plaintiff, LeeAnn D. Johnson, filed this action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., against defendant Blue Cross and Blue Shield of Alabama, Inc. 1 Plaintiff claims that defendant, acting as claims administrator of the group health insurance policy under which she is a beneficiary, erroneously characterized a surgical procedure recommended to her by her treating physicians as “investigational.” 2 The effect of that label was to exclude the procedure requested from the scope of the policy’s…