Court Declines To Follow Amara Dicta On Surcharge And Denies Plaintiff’s Claim For Reimbursement For Denied Medical Procedure Under ERISA § 502(a)(3)

Plaintiff underwent back surgery that she believed to be covered by her health insurance plan — a fact she claimed was confirmed by an insurance plan representative.  Yet, after the procedure, the plan denied her claim because the plan’s terms excluded surgical procedures that were not medically necessary, and it determined the back surgery was not medically necessary.

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