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HEALTHCARE AMERICA PLANS, INC. v. BOSSEMEYER

Civil Action Nos. 94-1327-KHV, 94-1434-KHV.

953 F.Supp. 1176 (1996)

HEALTHCARE AMERICA PLANS, INC., Plaintiff, v. Constance BOSSEMEYER, Defendant. Constance A. BOSSEMEYER, Plaintiff, v. HEALTHCARE AMERICA PLANS, INC., and Group Health Plan of Salina Family Physicians, P.A., Defendants.

United States District Court, D. Kansas.

November 27, 1996.

Attorney(s) appearing for the Case

Charles E. Millsap, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, for Healthcare America Plans, Inc.

William R. Smith, Hershberger, Patterson, Jones & Roth, Marc P. Clements, Morrison & Hecker L.L.P., Wichita, KS, and Sheldon Weinhaus, St. Louis, MO, for Constance Bossemeyer.

Rodney G. Nitz, Salina, KS, for Group Health Plan of Salina Family Physicians, P.A.

MEMORANDUM AND ORDER

VRATIL, District Judge.

Plaintiff Constance A. Bossemeyer brings this action under ERISA, 29 U.S.C. § 1132(a)(1)(B), to recover benefits under a group health plan issued by defendant Healthcare America Plans, Inc. ("HAPI").1 Plaintiff incurred medical expenses of approximately $77,000 in treatments for breast cancer, for which she claims HAPI is obligated. HAPI denied coverage, stating two reasons...

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