DAVID P. v. UNITED HEALTHCARE INS. CO.

No. 21-4129.

77 F.4th 1293 (2023)

DAVID P.; L. P., Plaintiffs-Appellees, v. UNITED HEALTHCARE INSURANCE COMPANY; Morgan Stanley Chief Human Resources Officer; The Morgan Stanley Medical Plan, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

FILED August 15, 2023.


Attorney(s) appearing for the Case

Amanda Shafer Berman ( Jennifer S. Romano , Crowell & Moring LLP, Los Angeles, California, and Amy M. Pauli , Crowell & Moring LLP, Washington, D.C., with her on the briefs), Crowell & Moring LLP, Washington, D.C., for Defendants-Appellants.

Brian S. King ( Tera J. Peterson with him on the brief), Brian S. King P.C., Salt Lake City, Utah, for Plaintiffs-Appellees.

Before CARSON, BALDOCK, and EBEL, Circuit Judges.


In this action under the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001-1461 ("ERISA"), Plaintiffs David P. and his daughter L.P. sought to recover health care benefits under a medical plan David P. obtained through his employer. The district court awarded Plaintiffs benefits, determining that the manner...

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