Flint v. Metlife Insurance

460 F. App'x 483
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 12, 2011
DocketNos. 11-5572, 11-5573
StatusPublished
Cited by2 cases

This text of 460 F. App'x 483 (Flint v. Metlife Insurance) 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
Flint v. Metlife Insurance, 460 F. App'x 483 (6th Cir. 2011).

Opinion

ORDER

Edward H. Flint, a Kentucky resident proceeding pro se, appeals district-court orders dismissing his civil complaint and denying his motion for recusal. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

Seeking monetary and equitable relief, Flint sued MetLife Insurance Company (MetLife), Milliman, Inc. (Milliman), and numerous Kentucky state officials, claiming that: 1) MetLife fraudulently applied for and obtained a premium-rate increase for his long-term-care insurance policy; 2) Milliman, acting as MetLife’s agent, provided the Kentucky Department of Insurance (DOI) with inaccurate and misleading information in order to secure an improper rate increase; 3) MetLife was not licensed to sell insurance in Kentucky; and 4) the state defendants breached their fiduciary duty to protect the citizens of Kentucky by granting MetLife’s request for the premium-rate increase. Thereafter, Flint filed a motion asking that Judge Heyburn recuse himself, claiming that the judge was biased against him based on rulings in a prior case. Judge Heyburn denied the motion, concluding that his ruling in a prior case was an insufficient basis to establish prejudice.

The state defendants filed a motion to dismiss, arguing, inter alia, that Flint’s claims were barred by Eleventh Amendment immunity. MetLife filed a motion to dismiss, asserting that Flint’s claims were barred by the “filed rate doctrine” and relevant case law, that there was no breach of contract because the insurance policy explicitly provided for rate increases, and that it was licensed to sell insurance in Kentucky. Milliman also filed a motion to dismiss, arguing, inter alia, that Flint’s claims were barred by the “filed rate doctrine.”

Judge Heyburn granted the defendants’ motions to dismiss, concluding that: 1) the “filed rate doctrine” barred Flint’s claims against MetLife and Milliman, and his fraud and breach of contract claims against MetLife failed because his insurance policy explicitly authorized MetLife to raise premium rates on a class-wide basis; and 2) Eleventh Amendment immunity barred Flint’s claims against the state defendants in their official capacities, and 3) Flint did not, in any event, make any specific allegations indicating that these defendants violated state law. Flint has filed a timely appeal. (Case No. 11-5572). Judge Heyburn also denied Flint’s motion for reconsideration of the order denying Flint’s request that the judge recuse himself. Again, Flint timely appealed. (Case No. 11-5573).

On appeal, Flint reasserts his arguments that Judge Heyburn exhibited bias against him by improperly obtaining control over his prior cases in violation of court rules concerning the transfer of cases, retaliated [485]*485against him for filing law suits against certain people or companies with whom the judge has associations, and expressed his bias by dismissing Flint’s prior law suits “with prejudice.” Flint also argues that Judge Heyburn erred by granting defendants’ motions to dismiss the instant law suit because: 1) he did not cite any authority to support his finding that the “filed rate doctrine” barred Flint’s claims against MetLife and Milliman; 2) Milliman violated his rights by providing inaccurate and misleading information to the Ky DOI; and 3) the state defendants failed to faithfully execute the laws of Kentucky by improperly granting rate increases to Met-Life without conducting a proper analysis of his long-term-care policy to determine if a premium-rate increase was appropriate. Flint also argues that the district court failed to address all of his allegations, including the allegation that MetLife improperly sold insurance in Kentucky without a license.

We review de novo a district court’s dismissal of a complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. See Benzon v. Morgan Stanley Distribs., Inc., 420 F.3d 598, 605 (6th Cir.2005). In considering a motion to dismiss under Rule 12(b)(6), we “must accept all well-pleaded factual allegations of the complaint as true and construe the complaint in the light most favorable to the plaintiff.” Id. (citing Inge v. Rock Fin. Corp., 281 F.3d 613, 619 (6th Cir.2002)). “[Ojnee a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 563, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The complaint will survive a motion to dismiss if it “contain[s] sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955).

The district court properly concluded that the “filed rate doctrine” bars Flint’s claims against MetLife and Milli-man. “Simply stated, the doctrine holds that any ‘filed rate’ — that is, one approved by the governing regulatory agency — is per se reasonable and unassailable in judicial proceedings brought by the ratepayers.” Wegoland Ltd. v. NYNEX Corp., 27 F.3d 17, 19 (2d Cir.1994). Although the filed-rate doctrine originated in the context of challenges to rates filed with federal agencies, “most states have adopted the filed rate doctrine, and many apply it to insurance regulation,” see Schermer v. State Farm Fire & Cas. Co., 721 N.W.2d 307, 313 (Minn.2006), including Kentucky, which has applied the doctrine for insurance rates filed with the Kentucky DOI. Commonwealth ex rel. Chandler v. Anthem Ins. Cos., 8 S.W.3d 48, 52-53 (Ky.Ct.App.1999). Allegations of fraudulent conduct provide no exception to the applicability of the filed-rate doctrine. Chandler, 8 S.W.3d at 53.

MetLife submitted a copy of its March 30, 2010, application for a rate increase from the Kentucky DOI, and a copy of the DOI’s approval of a 7% rate increase. Because MetLife applied for the challenged rate increase, Flint’s attempt to collaterally attack the increase, as well as his argument that MetLife fraudulently obtained the rate increase, are barred by the filed-rate doctrine. Although the district court did not specifically cite to the relevant case law, the district court reviewed the defendants’ motions to dismiss and clearly relied on the applicable case law cited therein. Furthermore, Flint’s continued conclusory argument that Met-Life did not properly apply for the premium rate increase and that the state defendants did not properly approve MetLife’s [486]*486application is belied by the record. Met-Life submitted proof of its application for a rate increase and the subsequent approval by the DOI.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
460 F. App'x 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flint-v-metlife-insurance-ca6-2011.