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DWYER v. UNITED HEALTHCARE INS. CO.

No. 23-50439.

115 F.4th 640 (2024)

Kelly DWYER, Plaintiff-Appellant, v. UNITED HEALTHCARE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED September 19, 2024.

Attorney(s) appearing for the Case

Peter S. Sessions, Esq., Kantor & Kantor, L.L.P., Northridge, CA, Elizabeth K. Green (argued), Green Health Law, A.P.C., Glendale, CA, for Plaintiff-Appellant.

Michael Howard Bernstein (argued), Robinson & Cole, L.L.P., New York, NY, for Defendant-Appellee.

Before Higginson, Willett, and Oldham, Circuit Judges.

The question presented is whether United Healthcare Insurance Company improperly withheld benefits owed to its beneficiary, Kelly Dwyer. After a bench trial, the district court entered judgment for United. We reverse, render judgment for Mr. Dwyer, and remand for calculation of his damages.

I

Kelly...

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