News

Headline: Court Reverses Decision, Rules in Favor of Insured in Mental Health Benefits Dispute with United Healthcare

Summary: The United States Court of Appeals for the Fifth Circuit reversed a lower court ruling, deciding in favor of the insured against United Healthcare Insurance Company in a case involving the insurer’s improper withholding of mental health benefits for the insured’s daughter who suffers from anorexia nervosa. Initially, United Healthcare approved full hospitalization but later reduced the coverage, despite medical advice against it, forcing its insured to cover the costs. The appeal highlighted the impact of the Inflation Reduction Act and United’s failure to honor the MultiPlan network rates, leading to substantial out-of-pocket expenses for its insured. The appellate court’s ruling mandates a recalculation of damages owed or benefits. Read More>>> Dwyer v. United Healthcare, No. 23-50439 (5th Cir. 2024) :: Justia

https://law.justia.com/cases/federal/appellate-courts/ca5/23-50439/23-50439-2024-09-19.html

Headline: Appeals Court Orders Confirmation of Arbitral Award in Dispute over Payouts

Summary: The Fifth Circuit Court of Appeals has overturned a district court’s decision that partially vacated the Addendum Awared entered following an arbitration in the ongoing legal battle between RSM Production Corporation and Gaz du Cameroun, S.A. The case revolves around a hydrocarbon exploration agreement between the parties and the disputed Payout date, which RSM argued was improperly delayed by Gaz du Cameroun’s cost recovery methods. Originally, the district court found that the arbitrators exceeded their authority by revisiting substantive legal issues under the guise of correcting computational errors. However, on appeal, the appellate court determined that the tribunal operated within its rights and directed the lower court to confirm the Addendum Award, thus siding with Gaz du Cameroun in the arbitration’s final outcome. Read more  >>>RSM Prod v. Gaz du Cameroun, No. 23-20583 (5th Cir. 2024) :: Justia

https://law.justia.com/cases/federal/appellate-courts/ca5/23-20583/23-20583-2024-09-19.html

Headline: Mississippi Supreme Court Reverses Summary Judgment in Gas Plant Explosion Case Against Hetsco

Summary: In a significant legal development, the Mississippi Supreme Court has reversed a circuit court’s summary judgment in favor of Hetsco, Inc., concerning a 2016 explosion at the Pascagoula Gas Processing Plant in Moss Point. The explosion, which extensively damaged the facility, is alleged to have been caused by Hetsco’s negligent repair of a heat exchanger. The case, brought by multiple insurance companies as subrogees of Enterprise Products Partners, involves complex contractual disputes regarding repair agreements between Hetsco and the plant’s former owner, BP. The appellate court determined that genuine issues of material fact persist, necessitating a remand for further proceedings to resolve the contested points. Read more >>> CO179279.pdf (ms.gov)

https://courts.ms.gov/images/Opinions/CO179279.pdf