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MINTZ v. BLUE CROSS OF CALIFORNIA

No. B207405.

172 Cal.App.4th 1594 (2009)

___ Cal.Rptr.3d ___

DAVID MINTZ et al., Plaintiffs and Appellants, v. BLUE CROSS OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Eight.

April 16, 2009.

Attorney(s) appearing for the Case

Shernoff Bidart Darras & Echeverria, Michael J. Bidart, Ricardo Echeverria; The Ehrlich Law Firm and Jeffrey Isaac Ehrlich for Plaintiffs and Appellants.

Reed Smith, Margaret M. Grignon, Kurt C. Peterson, Kenneth N. Smersfelt, Miles M. Cooley and Zareh A. Jaltorossian for Defendants and Respondents.

OPINION

O'NEILL, J.*—

SUMMARY

The claims administrator under a health insurance plan denied coverage to a plan member for a treatment the administrator deemed investigational. The plan permitted the member to request an independent review of denial of coverage for an experimental or investigational therapy (as required by statute); the administrator advised the member of his general appeal rights...

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