EUGENE S. v. HORIZON BLUE CROSS BLUE SHIELD

No. 10-4225.

663 F.3d 1124 (2011)

EUGENE S., Plaintiff-Appellant, v. HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 15, 2011.


Attorney(s) appearing for the Case

Brian King , Salt Lake City, UT, for Plaintiff-Appellant.

Mary Wood of Wood , Jenkins, L.L.C., Salt Lake City, UT, for Defendant-Appellee.

Before KELLY, LUCERO, and GILMAN, Circuit Judges.


KELLY, Circuit Judge.

Plaintiff-Appellant Eugene S. appeals from the district court's denial of his motion to strike and entry of summary judgment in favor of Defendant-Appellee Horizon Blue Cross Blue Shield of New Jersey ("Horizon BCBSNJ" or "Horizon"). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Background

Eugene S. sought coverage for his son A.S.'s residential treatment costs from his employer's ERISA benefits insurer...

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