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KENSETH v. DEAN HEALTH PLAN, INC.

No. 08-3219.

610 F.3d 452 (2010)

Deborah A. KENSETH, Plaintiff-Appellant, v. DEAN HEALTH PLAN, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 2010.

Attorney(s) appearing for the Case

Lisa C. Goldman, Attorney (argued), Lawton & Cates, Madison, WI, for Plaintiff-Appellant.

Catherine M. Rottier, Attorney (argued), Boardman, Suhr, Curry & Field, Madison, WI, for Defendant-Appellee.

Before MANION, ROVNER and TINDER, Circuit Judges.

ROVNER, Circuit Judge.

Eighteen years after Deborah Kenseth underwent vertical gastric banding to treat her morbid obesity, her physician advised her to undergo a second surgical procedure to resolve the severe acid reflux and related maladies she was experiencing as complications of the original surgery. Before having the corrective surgery, Kenseth telephoned her health maintenance organization's customer service line to determine whether the surgery would be covered...

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