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HEALTH CARE PLAN, INC. v. AETNA LIFE INS. CO.

No. CIV-91-663C.

776 F.Supp. 118 (1991)

The HEALTH CARE PLAN, INC., Plaintiff, v. AETNA LIFE INSURANCE COMPANY, Defendant.

United States District Court, W.D. New York.

October 31, 1991.

Attorney(s) appearing for the Case

Magavern & Magavern (James L. Magavern, of counsel), Buffalo, N.Y., for plaintiff.

Nixon, Hargrave, Devans & Doyle (Michael R. Wolford, of counsel), Rochester, N.Y., for defendant.

CURTIN, District Judge.

This is an action for damages and preliminary injunctive relief to remedy the alleged refusal of defendant Aetna Life Insurance Company (Aetna) to comply with the Health Maintenance Organizations (HMO) law, as codified at 42 U.S.C. § 300e-9, and New York Public Health Law § 4407 concomitant with a request from The Health Care Plan, Inc. (HCP), plaintiff, to be included as an option in defendant's

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