17 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,796 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Lee v. Blue Cross/Blue Shield of Alabama
10 F.3d 1547 (11th Cir. 1994) Cited 147 times
Holding that an insurer's desire to maintain competitive rates does constitute a conflict of interest
Ogden v. Blue Bell Creameries U.S.A., Inc.
348 F.3d 1284 (11th Cir. 2003) Cited 68 times
Holding that plaintiffs could not assert a claim under § 1132, even though their claim under § 1132(B) was barred by res judicata, because § 1132(B) provided them with an adequate remedy when plaintiffs' cause of action arose
Guerrero v. Target Corp.
889 F. Supp. 2d 1348 (S.D. Fla. 2012) Cited 44 times 1 Legal Analyses
Finding that the pleading requirements of Rule 9(b) do not apply to a FDUPTA claim
N. Cypress Med. Ctr. v. Cigna Healthcare
782 F. Supp. 2d 294 (S.D. Tex. 2011) Cited 44 times
Finding a plaintiff's allegation "that it obtained an express assignment of benefits and rights from the plan participants" sufficient to withstand a 12(b) facial attack
Hogan v. Provident Life Acc. Ins. Co.
665 F. Supp. 2d 1273 (M.D. Fla. 2009) Cited 45 times
Holding that plaintiff sufficiently pled negligence claim arising from insurer's negligent handling of his disability claim because insurer had duty under the undertaker's doctrine, breached that duty by, inter alia, terminating the insured's benefits solely for financial reasons, and plaintiff pled particular injuries, including payment of past due disability payments, that were caused by the breach
Nova Info. Sys., Inc. v. Greenwich Ins. Co.
365 F.3d 996 (11th Cir. 2004) Cited 49 times
Finding that individuals had "no rights to assign to" a party where they were reimbursed prior to assignment
Sanctuary Surgical Ctr., Inc. v. Aetna Inc.
546 F. App'x 846 (11th Cir. 2013) Cited 25 times
Holding that an assignee lacked standing to sue for a breach of fiduciary duty where a patient assigned only the right to receive benefits
Zarrella v. Pacific Life Insurance Company
755 F. Supp. 2d 1231 (S.D. Fla. 2011) Cited 17 times
Case No. 10-60754-CIV-COHN/SELTZER. March 29, 2011. Ronald P. Weil, Esq., Law Offices of Ronald Weil, P.A., Miami, FL, for Plaintiffs. Enrique D. Arana, Esq., Todd M. Fuller, Esq., Michael C. Shue, Esq., Jorden Burt LLP, Miami, FL, for Defendant. Article 72: Untitled ORDER GRANTING DEFENDANT PACIFIC LIFE INSURANCE COMPANY'S MOTION TO DISMISS PLAINTIFFS' AMENDED CLASS ACTION COMPLAINT JAMES I. COHN, District Judge. THIS CAUSE is before the Court upon Defendant Pacific Life Insurance Company's ("Pacific
In re Managed Care Litigation
595 F. Supp. 2d 1349 (S.D. Fla. 2009) Cited 19 times 1 Legal Analyses
Finding class plaintiffs demonstrated the futility of administrative appeals because another plaintiff had unsuccessfully exhausted administrative remedies
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,896 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 768.76 - Collateral sources of indemnity
Fla. Stat. § 768.76 Cited 135 times 10 Legal Analyses
Defining a collateral source as, among other things, "[a]ny contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or other health care services."

BioHealth Medical Laboratory, Inc. et al v. Connecticut General Life Insurance Company et al

17 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that an insurer's desire to maintain competitive rates does constitute a conflict of interest

Holding that plaintiffs could not assert a claim under § 1132, even though their claim under § 1132(B) was barred by res judicata, because § 1132(B) provided them with an adequate remedy when plaintiffs' cause of action arose

Finding that the pleading requirements of Rule 9(b) do not apply to a FDUPTA claim

Finding a plaintiff's allegation "that it obtained an express assignment of benefits and rights from the plan participants" sufficient to withstand a 12(b) facial attack

Finding that individuals had "no rights to assign to" a party where they were reimbursed prior to assignment

Holding that an assignee lacked standing to sue for a breach of fiduciary duty where a patient assigned only the right to receive benefits

Finding class plaintiffs demonstrated the futility of administrative appeals because another plaintiff had unsuccessfully exhausted administrative remedies

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Defining a collateral source as, among other things, "[a]ny contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or other health care services."