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GAROFALO v. EMPIRE BLUE CROSS AND BLUE SHIELD

No. 98 Civ. 3506(JSR).

67 F.Supp.2d 343 (1999)

Laurie GAROFALO and Hilary Rosser, individually and on behalf of all others similarly situated, Plaintiffs, v. EMPIRE BLUE CROSS AND BLUE SHIELD, Defendant.

United States District Court, S.D. New York.

September 28, 1999.

Attorney(s) appearing for the Case

Seth Richard Lesser, New York City, Clifford Cantor, Redmond, WA, F. James Donnelly, Denver, CO, for Plaintiffs.

Bartley J. Costello, III, Albany, NY, for Defendant.

OPINION AND ORDER

RAKOFF, District Judge.

The thinly-disguised premise of this lawsuit is that a New York health insurer should be penalized for adhering to the peculiarities of New York State health insurance law. That such a premise is contrary to common sense is obvious. To show that it is also contrary to applicable legal principles requires a bit more discussion.

On May 15, 1998, plaintiffs Laurie Garofalo and Hilary Rosser commenced...

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