CA3 reversed today in an insurance-coverage appeal. The district court had held that the claims fell under an arbitration clause and dismissed the suit. CA3 reversed and remanded. The court noted “concerns about the policy implications of forcing a provider to arbitrate participants’ claims against an insurer,” because the insurer’s position “trivializes the important public policy interests served by permitting providers to bring such claims on behalf of plan participants.”
The case is Cardionet v. Cigna Health, opinion here. Opinion by Fuentes, joined by Fisher and Stark D.Del. Arguing counsel were Mark Gallant of Cozen for the provider and Paul Hummer of Saul Ewing for the insurer.