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15-562 - W.P. v. ANTHEM INSURANCE COMPANIES INC


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15-562 - W.P. v. ANTHEM INSURANCE COMPANIES INC
February 15, 2017
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ORDER granting 48 Motion for Partial Judgment on the Pleadings. Accordingly, the Court dismisses Plaintiffs' violations of state law claim for wrongful denial of benefits under Count I, as well as Plaintiffs' equitable relief claim under Count II regarding Anthem's practice of limiting the amount of hours covered for ABA therapy. Count III, the fiduciary duty claim voluntarily withdrawn by Plaintiffs', is dismissed in its entirety. Signed by Judge Tanya Walton Pratt on 2/15/2017. (CBU)
February 15, 2017
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ORDER granting 63 Motion to Strike the class allegations of Plaintiff A.B. and his parents and granting 66 Motion for Leave to File Second Amended Complaint. Plaintiffs are granted leave to file the Second Amended Complaint by no later than February 21, 2017. Signed by Judge Tanya Walton Pratt on 2/15/2017. (CBU)
November 8, 2017
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ENTRY ON MOTION FOR RECONSIDERATION - Plaintiffs' Motion for Reconsideration (Filing No. 77) is GRANTED for the limited purpose discussed herein. The alternative request for Certification and Interlocutory Appeal is DENIED as moot. The Motion for Partial Judgment on the Pleadings (Filing No. 48) is now GRANTED in part and DENIED in part. Counts I and II are reinstated to the extent that Plaintiffs assert that Anthem wrongfully denied ABA therapy hours for non-medical reasons in violation of the Indiana Autism Mandate. Having reinstated the state law claims for violation of the Autism Mandate, Counts I and II remain for trial. Count II's equitable relief claim for wrongful denial and Count III in its entirety remain dismissed. See entry for details. Signed by Judge Tanya Walton Pratt on 11/8/2017. (MEJ) Modified on 11/9/2017 to clarify (MEJ).