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SUMMERS v. TOUCHPOINT HEALTH PLAN, INC.

No. 2005AP2643.

723 N.W.2d 784 (2006)

2006 WI App 217

Kevin SUMMERS and Amy Summers, Plaintiffs-Appellants, v. TOUCHPOINT HEALTH PLAN, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed September 12, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the joint briefs of Stephen E. Meili of Consumer Law Litigation Clinic, University of Wisconsin Law School, and James W. Gardner of Lawton & Cates, S.C. of Madison, and oral argument by Stephen E. Meili.

On behalf of the defendant-respondent, the cause was submitted on the brief of Robert J. Dreps and Barbara J. Zabawa and oral argument of Robert J. Dreps of La Folette Godfrey & Kahn of Madison.

Before CANE, C.J., and HOOVER, P.J., and PETERSON, J.

¶ 1 CANE, C.J.

Kevin and Amy Summers appeal a summary judgment concluding that Touchpoint Health Plan, Inc., properly denied healthcare benefits to the Summers' son Parker. The Summers assert the trial court's decision should be reversed for the following four reasons: (1) the trial court should have applied a de novo standard of review instead of the arbitrary and capricious standard; (2) even applying the arbitrary and capricious standard, Touchpoint acted...

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