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LAFLEUR v. LOUISIANA HEALTH SERVICE AND INDEM. CO.

No. 08-30091.

563 F.3d 148 (2009)

Richard LAFLEUR, Plaintiff-Appellant, v. LOUISIANA HEALTH SERVICE AND INDEMNITY COMPANY, doing business as Blue Cross Blue Shield of Louisiana, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 23, 2009.

Attorney(s) appearing for the Case

Jacque B. Pucheu, Jr. (argued), Pucheu, Pucheu & Robinson, LLP, Eunice, LA, for Plaintiff-Appellant.

Charles A. O'Brien, III (argued), Baton Rouge, LA, for Defendant-Appellee.

Before WIENER, GARZA, and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Plaintiff-Appellant Dr. Richard Lafleur sued Defendant-Appellee Louisiana Health Service and Indemnity Company (Blue Cross) under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B), for recovery of wrongfully denied health insurance benefits. The district court granted summary judgment in favor of Blue Cross. Because Blue Cross failed to substantially comply with ERISA's procedural requirements, the judgment...

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