UNITED HEALTHCARE INS. CO. v. STATE

Nos. 2011 CA 1398, 2011 CA 1399.

103 So.3d 1095 (2012)

UNITED HEALTHCARE INSURANCE COMPANY v. STATE of Louisiana, through the DIVISION OF ADMINISTRATION; State of Louisiana, through the Division of Administration, Office of Group Benefits; and State of Louisiana, through the Division of Administration, Office of State Purchasing. Humana Insurance Company v. Angele Davis, in her official capacity as Commissioner of Administration, Division of Administration for the State of Louisiana, the Division of Administration for the State of Louisiana and Tommy D. Teague, in his official capacity as Chief Executive Officer, Office of Group Benefits for the State of Louisiana, and the Office of Group Benefits for the State of Louisiana.

Court of Appeal of Louisiana, First Circuit.

September 28, 2012.


Attorney(s) appearing for the Case

Brandon K. Black , Carla T. Ashley , Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P., Baton Rouge, LA, Richard J. Tyler , Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P., New Orleans, LA, for Intervenor-Appellant La. Health Service & Indemnity Co., Inc. d/b/a Blue Cross Blue Shield of Louisiana.

Paul A. Holmes , Carlos A. Romanach , State of Louisiana, Division of Administration, Office of General Counsel, Baton Rouge, LA, for Defendants-Appellants State of Louisiana, Through the Division of Administration and Paul W. Rainwater, in his official capacity as Commissioner of Administration for the State of Louisiana.

J. Wendell Clark , David L. Guerry , Jamie Hurst Watts , Mark L. Barbre , Sebastian R. Caballero , Long Law Firm, L.L.P., Baton Rouge, LA, for Defendant-Appellant State of Louisiana, Through the Division of Administration, Office of Group Benefits.

Philip A. Franco , Adams and Reese LLP, Baton Rouge, LA, Mary E. Taylor , Humana Insurance Company, Louisville, KY, for Plaintiff-Appellee Humana Insurance Company.

Before CARTER, C.J., PARRO, and HIGGINBOTHAM, JJ.


PARRO, J.

This is an appeal by Louisiana Health Service and Indemnity Company, Inc., d/b/a Blue Cross Blue Shield of Louisiana (Blue Cross) from a judgment of the district court, acting in an appellate capacity, reversing the final decision of the Commissioner of Administration, which had upheld the validity of a contract awarded by the Office of Group Benefits to Blue Cross. For the reasons that follow, we reverse the...

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