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MORALES v. HEALTH PLUS, INC.

Civil No. 95-2513 (JAF).

954 F.Supp. 464 (1997)

Nelson MORALES, individually; Ada I. Negron De Morales, individually; The Conjugal Partnership existing between them; and Nelson Morales and Ada I. Negron De Morales, as parents with patria potestas and for the sole use and benefit of their minor children, Angélica Morales and Omar Andres Morales, Plaintiffs, v. HEALTH PLUS, INC.; ABC Insurance Company, Inc. (said name being fictitious but designating the insurance company that issued Health Plus, Inc. a policy for liability insurance), Defendants.

United States District Court, D. Puerto Rico.

February 21, 1997.

Attorney(s) appearing for the Case

Andres Guillemard-Noble, Nachman, Santiago & Guillemard, San Juan, PR, for Plaintiffs.

Heidi L. Rodriguez, Jorge E. Perez Diaz, Pietrantoni Mendez & Alvarez, San Juan, PR, James H. Fleming, James H. Fleming & Associates, San Francisco, CA, for Defendants.

OPINION AND ORDER

FUSTE, District Judge.

Plaintiffs brought this action pursuant to the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (1988), claiming that codefendant, PCA Health Plans of Puerto Rico, Inc., formerly HealthPlus, Inc., (HealthPlus), arbitrarily denied them coverage for medical treatment. Plaintiffs have also alleged breach of contract and tort claims under local law. HealthPlus has filed a motion...

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