Show notes
Dad discusses this 2010 case in which an insurance company denied coverage for a successful treatment of a patient with a rare type of brain cancer. Dad decided that their process for denying coverage was unreasonable. The insurance company appealed and the ninth circuit overturned his ruling in an unpublished opinion.
This informative episode explains what ERISA is, what the processes are under ERISA plans, what "de novo review" means, what the "arbitrary and capricious" standard is, why dad ruled that the Phase 3 trial status wasn't relevant to this particular drug being experimental, and what an unpublished opinion is and why it disappointed him that the Ninth Circuit wouldn't explain themselves.

