California Federal Judge Dismisses Reimbursement Suit, Allows Plaintiff To Amend

SAN JOSE, Calif. - A California federal judge on Sept. 14 dismissed a reimbursement suit, saying that a health care provider failed to plead facts sufficient to support its allegation that an insurer had agreed to pay 60 percent of costs related to surgery performed by an out-of-network provider, but allowed the plaintiff to amend its complaint (Bay Area Surgical Management v. Principal Life Insurance Co.,  No. 12-1140, N.D. Calif.; 2012 U.S. Dist. LEXIS 131639).

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