Drucilla Aubrey v. Aetna Life Insurance Company

886 F.2d 119
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 30, 1989
Docket88-6417
StatusPublished
Cited by7 cases

This text of 886 F.2d 119 (Drucilla Aubrey v. Aetna Life Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drucilla Aubrey v. Aetna Life Insurance Company, 886 F.2d 119 (6th Cir. 1989).

Opinion

MILBURN, Circuit Judge.

Defendant-appellant Aetna Life Insurance Company (“Aetna”) appeals from a summary judgment for plaintiff-appellee Drucilla Aubrey in this action challenging a denial of benefits under an employee benefit plan. For the reasons that follow, we affirm.

I.

A.

Aubrey filed an action in the Circuit Court of Clay County, Kentucky, on April 11, 1987, seeking a declaration that she was entitled to certain insurance benefits. The insurance policy in question is a Comprehensive Medical and Dental Insurance Plan (“the Plan”) issued and administered by Aetna for the employees of the Modern Woodmen of America (“MWA”), with whom Aubrey is employed as a field representative. The benefits claimed were for medical expenses relating to Aubrey’s pregnancy, which commenced approximately two months prior to the effective date of the coverage. Aetna denied coverage for all costs incurred as a result of the pregnancy under the “Pre-Existing Condition” clause contained in the Plan. Aubrey asserted, based upon the particular wording contained in a separate “Pregnancy Coverage” clause, that her expenses incurred after the effective date of coverage were covered and should have been paid.

Claiming that the insurance policy covering Aubrey was an employee benefit plan governed by the provisions of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., Aetna filed a petition for removal on May 13, 1988. Aubrey responded and urged that the action be remanded to state court. However, on July 25, 1988, the district court granted Aetna’s petition for removal.

As the parties were in agreement that there were no contested issues of fact, they filed cross-motions for summary judgment. On November 21, 1988, the district court denied Aetna’s motion for summary judgment and granted Aubrey's motion. Aetna filed a timely notice of appeal on December 20, 1988.

B.

Aubrey, an employee of MWA, became qualified for coverage under the terms and provisions of an employee benefits plan drafted and issued by Aetna on August 1, 1987. Sometime near the end of June 1987, Aubrey learned that she was pregnant. During the next several weeks, she sought and received medical treatment relating to her pregnancy from Dr. Gordon Betts and the Clinical Laboratories of Southern Kentucky.

The plan under which Aubrey became covered on August 1, 1987, contained two pertinent provisions relating to claims for pregnancy benefits. On page three of the plan, there is contained the following provision:

PREGNANCY COVERAGE
Medical Expense Benefits are payable for pregnancy-related expenses of female employees and dependents on the same basis as for disease, whether or not the pregnancy commences while the *121 individual is covered under this Plan. The expenses must be incurred while the individual is covered under this Plan. If expenses are incurred after the coverage ceases, she may be eligible for benefits during the disability for up to 90 days if satisfactory evidence is furnished to Aet-na that the individual has been totally disabled since her coverage terminated. (Emphasis supplied)

Page 13 of the Plan contained the following provision:

Pre-existing Conditions
No payment for charges incurred in connection with an illness commencing prior to the insured individual’s effective date of coverage will be made until
1. after a continuous period of three months after the effective date of coverage during which the person has received no treatment with respect to the illness, or
2. after a period of twenty-four consecutive months during which the person is continuously insured hereunder.
A “pre-existing condition" means an injury or disease for which the individual received treatment or services or took prescribed drugs or medicines during the three months before he last became covered. (Emphasis supplied)

On August 28, 1987, Aubrey filed for pregnancy-related benefits. She admits that she received treatment for the pregnancy during the month prior to the effective date of coverage. On August 31,1987, the personnel department of MWA responded to Aubrey’s claim by advising her that her pregnancy-related expenses were not covered because her pregnancy constituted a pre-existing condition as defined by the Plan.

On September 8, 1987, Aubrey wrote MWA, stating that she was of the view that the pregnancy coverage clause provided for coverage. On September 15, 1987, MWA’s personnel department again wrote Aubrey and stated that the pregnancy coverage and pre-existing conditions clause operated in the following manner:

[pjregnancy coverage is treated the same as for any other disease. Had the pregnancy commenced prior to your effective date of coverage, and no treatment had been received, normal benefits would be paid. However, because you were treated prior to the effective date of coverage, and have not gone three months free of treatment, your pregnancy (as would any other disease) will be considered a pre-ex-isting condition.

On February 9, 1988, Aubrey gave birth to her child. On March 3, 1988, she again presented her pregnancy-related bills to Aetna for payment. Once again they were denied under the pre-existing condition clause. Thereafter, on April 11, 1988, she filed this action.

In granting summary judgment in favor of Aubrey, the district court held that Aet-na’s interpretation of the pre-existing conditions portion of the Plan rendered the pregnancy coverage provision superfluous and that Aetna’s interpretation would have the effect of forbidding a pregnant insured from seeing a physician for three months in order to obtain benefits, which he concluded was contrary to the public goals of ERISA and medical reality.

The sole issue on appeal is whether the district court erred in concluding that Aubrey was entitled to benefits under the Plan.

II.

Since this action arises under ERISA, its disposition is governed by federal law. As noted in Cook v. Pension Plan for Salaried Employees, 801 F.2d 865, 869-70 (6th Cir.1986), this court had previously adopted the arbitrary or capricious standard of review when reviewing decisions by employee benefit plan administrators to deny benefits. This was the standard of review employed by the district court in the present action.

However, in Firestone Tire & Rubber Co. v. Bruch, — U.S.-, 109 S.Ct. 948, 953-54, 103 L.Ed.2d 80 (1989), the Supreme Court rejected the arbitrary and capricious *122 standard of review and held instead that the appropriate standard of review is guided by principles of trust law. In Firestone, the company had argued “that as a matter of trust law the interpretation of the terms of a plan is an inherently discretionary function” that requires a deferential standard of review. Id. 109 S.Ct. at 955.

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Bluebook (online)
886 F.2d 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drucilla-aubrey-v-aetna-life-insurance-company-ca6-1989.