KILLIAN v. HEALTHSOURCE PROVIDENT ADMINISTRATORS

No. 97-5574.

152 F.3d 514 (1998)

Gerald W. KILLIAN and Martha R. Killian, as Co-Executors of the Estate of Carolyn Matkin, Deceased, Plaintiffs-Appellees, v. HEALTHSOURCE PROVIDENT ADMINISTRATORS, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 30, 1998.

Rehearing Denied August 7, 1998.


Attorney(s) appearing for the Case

Robert E. Hoskins (argued and briefed), Foster & Foster, L.L.P., Greenville, South Carolina, Harry L. Dadds (briefed), Mathew D. Brownfield (briefed), Grant, Konvalinka & Harrison, Chattanooga, Tennessee, for Plaintiffs-Appellees.

Shelby R. Grubs (argued and briefed), William P. Eiselstein (briefed), Miller & Martin, Chattanooga, Tennessee, for Defendant-Appellant.

Before: RYAN, DAUGHTREY, and LAY, Circuit Judges.


OPINION

RYAN, Circuit Judge.

Carolyn Matkin brought this action to recover payment for medical benefits under a group health plan sponsored and administered by the defendant, Healthsource Provident Administrators, Inc., in accordance with the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461. Matkin alleged that Healthsource arbitrarily and capriciously determined that proposed treatment for Matkin's breast cancer was experimental...

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