7th Circuit Remands Denial Of Benefits Case For Reconsideration Of Penalties

7th Circuit Remands Denial Of Benefits Case For Reconsideration Of Penalties

CHICAGO - A divided Seventh Circuit U.S. Court of Appeals panel on April 19 affirmed in part and remanded in part a wrongful denial of benefits case, holding that a lower court correctly granted the defendants summary judgment on the denial of benefits and breach of fiduciary duty claims but incorrectly calculated the plaintiffs' statutory damages award (James E. Killian v. Concert Health Plan, et al.,  No. 11-1112, 7th Cir.; 2012 U.S. App. Lexis 7880).

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