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KITTERMAN v. COVENTRY HEALTH CARE OF IOWA, INC.

No. 10-1781.

632 F.3d 445 (2011)

James B. KITTERMAN, Diane Kitterman, Appellees, v. COVENTRY HEALTH CARE OF IOWA, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 16, 2011.

Attorney(s) appearing for the Case

Michael William Thrall , argued, Ryan Gene Koopmans , on the brief, Des Moines, IA, for appellant.

Sean J. Barry , argued, Richard J. Barry , on the brief, Spencer, IA, for appellee.

Before WOLLMAN, MURPHY, and COLLOTON, Circuit Judges.

WOLLMAN, Circuit Judge.

In the fall of 2008, Diane Kitterman's1 family physician informed her that she had ovarian cancer. He advised that she try to have the cancer removed and, to that end, referred her to the Mayo Clinic in Rochester, Minnesota.

At that time, Kitterman was participating in a health insurance benefit plan administered by Coventry. Prior to scheduling her procedure at the Mayo Clinic, Kitterman contacted a customer...

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