OFFUTT v. PRUDENTIAL INS. CO. OF AMERICA

No. 83-1752 Summary Calendar.

735 F.2d 948 (1984)

Donald N. OFFUTT and Stephen Barfield, Plaintiffs-Appellants, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 9, 1984.


Attorney(s) appearing for the Case

Bruce Anton, Dallas, Tex., for plaintiffs-appellants.

Thompson & Knight, G. Luke Ashley, Maureen Murry, Dallas, Tex., for defendants-appellees.

Before RUBIN, JOLLY, and DAVIS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

An employee covered by a health plan governed by ERISA seeks to recover expenses incurred in psychiatric care. The claim was denied by the plan insurer-administrator on the basis that the services were largely custodial in nature and not medically necessary. Finding that this determination was not arbitrary or capricious, the district court denied the employee relief. Having considered the employee's detail of alleged errors made by...

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