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HCA HEALTH SERVICES v. EMPLOYERS HEALTH INS. CO.

No. 99-11241

240 F.3d 982 (2001)

HCA HEALTH SERVICES OF GEORGIA, INC., Plaintiff-Appellant, v. EMPLOYERS HEALTH INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

DECIDED February 2, 2001

Attorney(s) appearing for the Case

Elizabeth J. Bondurant, H. Sanders Carter, Jr., Carter & Ansley, Atlanta, GA, for Plaintiff-Appellant.

Robert Jason D'Cruz, Morris, Manning & Martin, Thomas L. Hawker, Hunter, Maclean, Exley & Dunn, P.C., Atlanta, Ga, for Defendant-Appellee.

Before TJOFLAT, MARCUS and KRAVITCH, Circuit Judges.

TJOFLAT, Circuit Judge:

This is an ERISA1 case involving the denial of benefits allegedly due a patient under the terms of a group health insurance policy issued and administered by an insurance company. The patient underwent covered outpatient surgery at a medical center. At the time of surgery, the patient assigned to the medical center his right to recover 80% of the costs of the surgery from the insurance company.

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