BLUECROSS BLUESHIELD OF TENNESSEE, INC. v. CHRISTOPHER R. NICOLOPOULOS, DAVID J. BETTENCOURT, in His Official Capacity as Commissioner of the New Hampshire Insurance Department - Articles

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BLUECROSS BLUESHIELD OF TENNESSEE, INC. v. CHRISTOPHER R. NICOLOPOULOS, DAVID J. BETTENCOURT, in His Official Capacity as Commissioner of the New Hampshire Insurance Department

Posted by: Azya Thornton on May 8, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Karin A. DeMasi, CRAVATH, SWAINE & MOORE LLP, New York, New York, for Appellant.

Attorneys 2: Samuel R.V. Garland, NEW HAMPSHIRE DEPARTMENT OF JUSTICE, Concord, New Hampshire, for Appellee.

Attorneys 3: ON BRIEF: Karin A. DeMasi, CRAVATH, SWAINE & MOORE LLP, New York, New York, Anthony F. Shelley, Dawn E. Murphy-Johnson, MILLER & CHEVALIER CHARTERED, Washington, D.C., for Appellant.

Attorneys 4: ON BRIEF: Anthony J. Galdieri, Nathan W. Kenison-Marvin, NEW HAMPSHIRE DEPARTMENT OF JUSTICE, Concord, New Hampshire, for Appellee.

Judge(s): KETHLEDGE, LARSEN, and MATHIS, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Tennessee at Chattanooga

LARSEN, Circuit Judge. BlueCross BlueShield of Tennessee (BlueCross) is both the insurer and fiduciary for an ERISA-governed group health insurance plan. A plan member in New Hampshire sought coverage for medical treatments she received. Because the plan did not cover such treatments, BlueCross denied the claims. The Commissioner of the New Hampshire Insurance Department brought an enforcement action against BlueCross, alleging that BlueCross did not cover medical treatments required under New Hampshire law. BlueCross sought to enjoin the state regulatory action on the grounds that it threatened BlueCross’s fiduciary duties under ERISA. The district court denied relief and granted summary judgment to the Commissioner. BlueCross appeals. For the following reasons, we AFFIRM.

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