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RITTINGER v. HEALTHY ALLIANCE LIFE INS. CO.

No. 17-20646.

914 F.3d 952 (2019)

Karen A. RITTINGER, Plaintiff-Appellee Cross-Appellant, v. HEALTHY ALLIANCE LIFE INSURANCE COMPANY, Doing Business as Anthem Blue Cross and Blue Shield; Anthem UM Services, Incorporated, Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED January 31, 2019.

Attorney(s) appearing for the Case

Daniel F. Harvath , Nicholas Hollingsworth Weil, Esq. , Harvath Law Group, L.L.C., Webster Groves, MO, for Plaintiff Appellee Cross-Appellant.

Martin J. Bishop , Rebecca R. Hanson, Esq. , Reed Smith, L.L.P., Chicago, IL, James Christopher Martin, Esq. , Reed Smith, L.L.P., Pittsburgh, PA, for Defendant-Appellant Cross-Appellee.

Before HIGGINBOTHAM, GRAVES, and WILLETT, Circuit Judges.

This case involves a bariatric surgery gone wrong and the ensuing clash over insurance coverage. Given our highly deferential standard of review, we cannot say that Anthem, the plan administrator, abused its discretion in either the first or second internal appeal. Because we agree with Anthem, Rittinger's cross-appeal (to determine the exact...

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