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Where appellants filed an action under the Employee Retirement Income Security Act of 1974 claiming that an insurer abused its discretion by partially denying their claim for air ambulance benefits under an employee health plan, the injury-in-fact component of standing was satisfied, and the appellants also had statutory standing to bring an action to recover their benefits due under the plan, and the partial denial of the plan was not an abuse of discretion, but the insurer’s interpretation of the medical supply fee language was not an abuse of discretion, so the district court erred in granting the motion for summary judgment on this claim.
Judgment is affirmed in part; reversed in part.
Mitchell v. Blue Cross Blue Shield of North Dakota (MLW No. 74725/Case No. 18-2784 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Kelly, J.) Appealed from U.S. District Court, District of South Dakota, Piersol, J. (John J. Conway III, Royal Oak, Michigan, argued for appellant) (Thomas M. Christina, Greenville, South Carolina, argued for appellee).
