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HOTZ v. BLUE CROSS AND BLUE SHIELD OF MASS., INC.

No. 01-2313.

292 F.3d 57 (2002)

MARJORIE HOTZ, Plaintiff, Appellant, v. BLUE CROSS AND BLUE SHIELD OF MASSACHUSETTS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 11, 2002.

Attorney(s) appearing for the Case

Thomas J. Lynch with whom Lynch Associates, LLC was on brief for appellant.

Joseph D. Halpern, Blue Cross and Blue Shield of Massachusetts, Inc., Law Department, with whom Sara A. Walker was on brief for appellee.

Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

BOUDIN, Chief Judge.

In March 2001, Marjorie Hotz brought suit in state court against her health insurer, Blue Cross and Blue Shield of Massachusetts ("Blue Cross"). Hotz claimed that Blue Cross violated a state law prohibiting unfair claim settlement practices by insurance companies, see Mass. Gen. Laws ch. 176D, § 3(9) (2000), when it waited nearly three months before approving payment for a course of follow-up therapy recommended by her physician after...

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