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WHITING v. AARP

No. 10-7049.

637 F.3d 355 (2011)

Susan WHITING, individually and on behalf of all others similarly situated, Appellant v. AARP and UnitedHealthcare Insurance Company, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 2011.

Attorney(s) appearing for the Case

Michele F. Raphael argued the cause for appellant. With her on the briefs were Lester L. Levy and Tracy D. Rezvani .

Scott M. Edson argued the cause for appellee, UnitedHealthcare Insurance Company. William D. Coston argued the cause for appellee AARP. With them on the brief were Kenneth L. Blalack , Brian D. Boyle , David J. Sandler , John F. Cooney , and Martin L. Saad . Michael R. Schuster entered an appearance.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Susan Whiting purchased medical insurance from United Healthcare Insurance Company ("United") after receiving a letter and brochure describing the insurance from the American Association of Retired Persons ("AARP"), of which she is a member. Upon having emergency gall bladder surgery a year later, she submitted her medical bills to United only to be told that inpatient pathology and radiology services were not covered. Although United paid the...

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