JANUARY 2013 BAD FAITH CASES: COURT GRANTS MOTION TO DISMISS, BUT ALLOWS BAD FAITH CLAIM AGAINST HEALTH INSURER, PHYSICIANS, AND PEER REVIEW ORGANIZATION TO PROCEED (New Jersey Federal)

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In Skelcy v. Unitedhealth Group, Inc., the administrator of a decedent’s estate brought suit against a health insurer, its parent company, several physicians, and a peer review organization for wrongful death, delay of health insurance benefits, and bad faith, alleging that the defendants’ improper deprivation and delay of medical treatment caused the decedent’s death.

The defendants moved to dismiss all claims and the administrator moved to amend its complaint to include an additional count under the New Jersey Health Care Carrier Accountability Act, which the court granted. The court also granted the defendants’ motion with respect to several claims, but did not dismiss the bad faith claim as pleaded by the administrator.

Date of Decision: December 5, 2012

Skelcy v. Unitedhealth Group, Inc., No. 12-01014, 2012 U.S. Dist. LEXIS 172922, U.S. District Court for the District of New Jersey (D.N.J. Dec. 5, 2012) (Thompson, J.)

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