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LOYOLA UNIVERSITY OF CHICAGO v. HUMANA INS. CO.

No. 92-2417.

996 F.2d 895 (1993)

LOYOLA UNIVERSITY OF CHICAGO, Plaintiff-Appellant, v. HUMANA INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 14, 1993.

Attorney(s) appearing for the Case

Paula M. Carstensen, John J. Reidy, Charles E. Reiter, III (argued), Ruff, Weidenaar & Reidy, Leon S. Conlon, Lundblad & Conlon, Chicago, IL, for plaintiff-appellant.

Robert J. Bates, Jr. (argued), Patrick M. Ouimet, Pope & John, Chicago, IL, for defendant-appellee.

Before BAUER, Chief Circuit Judge, MANION, Circuit Judge, and EVANS, Chief District Judge.

TERENCE T. EVANS, Chief District Judge.

Forty-four-year-old Billy Via was a qualified participant under a group health plan provided by defendant Humana Insurance Company. On July 9, 1988, Mr. Via experienced chest pains and was admitted to Holy Family Hospital, where he was diagnosed with acute anterior wall myocardial infarction. On July 29, 1988, Mr. Via was transferred, with an intra-aortic balloon in place, to Loyola University Medical Center for coronary

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