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DIAZ v. BLUE CROSS AND BLUE SHIELD

No. DA 09-0682.

267 P.3d 756 (2011)

2011 MT 322

Jeannette DIAZ, Leah Hoffmann-Bernhardt, and Rachel Laudon, individually and on behalf of others similarly situated, Plaintiffs and Appellants, v. BLUE CROSS AND BLUE SHIELD OF MONTANA, New West Health Services, Montana Comprehensive Health Association, State of Montana, and John Does 1-100, Defendants and Appellees.

Supreme Court of Montana.

Submitted August 30, 2011.

Decided December 21, 2011.

Attorney(s) appearing for the Case

For Appellants: James G. Hunt (argued), Jonathan McDonald ; Dix, Hunt & McDonald, Helena, Montana, Erik B. Thueson (argued), Thueson Law Office, Helena, Montana, Jory C. Ruggiero , J. Breting Engel ; Western Justice Associates, PLLC, Bozeman, Montana.

For Appellees: Leo S. Ward , Kimberly A. Beatty , Daniel J. Auerbach (argued); Browning, Kaleczyc, Berry & Hoven; Helena, Montana (for New West Health Services) Robert C. Lukes (argued), Kevin A. Twidwell ; Garlington, Lohn & Robinson, Missoula, Montana (for State of Montana) Michael F. McMahon , Stefan T. Wall (argued); McMahon Law Firm, PLLC, Helena, Montana (for Blue Cross and Blue Shield of Montana, Inc.).

Justice MICHAEL E. WHEAT delivered the Opinion of the Court.

¶ 1 The First Judicial District Court, Lewis and Clark County, denied Jeannette Diaz (Diaz) and Leah Hoffmann-Bernhardt's (Hoffmann-Bernhardt) motion for class certification and concluded third-party administrators of the State of Montana's (State) employee healthcare benefit plan are not subject to made-whole laws established under §§ 2-18-901 to -902 and 33-30-1101 to -1102, MCA. Diaz and...

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