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BRASURE v. OPTIMUM CHOICE INS. CO.

No. Civ.A. 97-257 MMS.

37 F.Supp.2d 340 (1999)

Christopher BRASURE, Plaintiff, v. OPTIMUM CHOICE INSURANCE COMPANY, Defendant.

United States District Court, D. Delaware.

February 4, 1999.

Attorney(s) appearing for the Case

Richard K. Goll, Wilmington, DE, for plaintiff.

Curtis J. Crowther, of Roeberg, Moore & Associates, P.A., Wilmington, DE, of counsel, David E. Manoogian, and Joanna Jesperson, Epstein, Becker & Green, P.C., Washington, DC, for defendant.

OPINION

SCHWARTZ, Senior District Judge.

I. INTRODUCTION

Defendant Optimum Choice Inc. ("OCI") is a health maintenance organization which provides health benefits under employee welfare benefit plans governed by ERISA. Plaintiff Christopher Brasure has filed a complaint against OCI under ERISA, 29 U.S.C. § 1132(a)(1)(B), seeking "to recover benefits due under terms of the plan." Plaintiff alleges that he was an eligible

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