PITMAN v. BLUE CROSS & BLUE SHIELD

No. 93-5026.

24 F.3d 118 (1994)

Sharon PITMAN, Wife of Gale Pitman, Deceased, Plaintiff-Appellant, v. BLUE CROSS AND BLUE SHIELD OF OKLAHOMA, Individually and as Trade Name of Group Health Insurance of Oklahoma, Inc., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 11, 1994.


Attorney(s) appearing for the Case

Sandy S. McMath (Ronald W. Horgan, Tulsa, OK, with him on the briefs), Little Rock, AR, for plaintiff-appellant.

Donald M. Bingham (Tom H. Gudgel with him on the briefs), Riggs, Abney, Neal & Turpen, Tulsa, OK, for defendant-appellee.

Before LOGAN and MOORE, Circuit Judges, and OWEN, District Judge.


JOHN P. MOORE, Circuit Judge.

This appeal arises out of a dispute over the provisions of an employee welfare benefit plan and presents the problem of how a court must examine plan interpretations made by an administrator who is also the plan's insurer. The district court, applying recognized legal principles of review, granted summary judgment to the insurer. We conclude, however, the court erred by not considering the insurer's apparent conflict of interest in determining...

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