Schmitt v. Blue Cross & Blue Shield

899 S.W.2d 953, 1995 Mo. App. LEXIS 1139, 1995 WL 365042
CourtMissouri Court of Appeals
DecidedJune 20, 1995
DocketNo. 66762
StatusPublished
Cited by1 cases

This text of 899 S.W.2d 953 (Schmitt v. Blue Cross & Blue Shield) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Schmitt v. Blue Cross & Blue Shield, 899 S.W.2d 953, 1995 Mo. App. LEXIS 1139, 1995 WL 365042 (Mo. Ct. App. 1995).

Opinion

CRAHAN, Judge.

This is an action arising under the provisions of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1461, as a result of Blue Cross and Blue Shield of Missouri’s (“BCBSMO”) denial of medical benefits to Janet L. Schmitt (“Plaintiff’). The trial court entered summary judgment in favor of BCBSMO. We affirm.

Plaintiff is a participant in an employee health insurance plan (“Plan”) issued through her employer, American Model Builders. BCBSMO acts as the Plan administrator. Plaintiffs participation in the Plan became effective on March 1, 1990.

The Plan excludes coverage for certain pre-existing conditions under the following terms:

Any Condition, or manifestation thereof which existed before the Participant’s Enrollment Date, but only if on or before such Date:
1. the Condition or manifestation was known to the Participant, the Condition could have been diagnosed from the manifestation with reasonable certainty by a Physician, or
2. the Participant was under the Care of a Provider, or such Care was recommended, for the Condition or manifestation.

Plaintiff has had a history of migraine headaches since the age of ten, for which she has sought treatment and taken medications. Apparently due to this history of migraines, Plaintiff also signed an “Application Amendment,” incorporated into the Plan, in which Plaintiff expressly agreed that her BCBSMO membership “shall not cover, and will not provide benefits in connection with, related to, or on account of’ migraine headaches.

The treatment for which Plaintiff sought coverage from the Plan stemmed from an incident on March 20, 1990, when Plaintiff awoke feeling ill and confused and experienced a bi-frontal headache and visual problems. Plaintiff sought treatment and underwent numerous medical examinations and tests, including an angiography of her cerebral vessels.

Plaintiff submitted numerous bills to BCBSMO for payment, totaling over $6,700.00. All were denied on the grounds that the treatment was for a pre-existing condition and related to migraine headaches which is expressly excluded under the “Application Amendment” incorporated into the Plan. Plaintiff timely sought reconsideration of the denial, which was also denied.

Plaintiff then commenced this action to recover benefits due her pursuant to 29 U.S.C. § 1132(a)(1)(B). BCBSMO filed its motion for summary judgment, asserting its determination to deny benefits to Plaintiff was not arbitrary or capricious but based on its thorough review of the medical evidence. In support of its motion, BCBSMO attached the affidavit of Janice Forsyth, the Senior Vice President and General Counsel for BCBSMO. One of her duties is the investigation of claims submitted to BCBSMO for payment. Ms. Forsyth explained how claims are examined and processed in accordance with the terms and conditions of the particular plan. The claims submitted are reviewed by BCBSMO’s medical review staff and a determination is made as to coverage. Plaintiffs claims, according to Ms. Forsyth, fell within the pre-existing conditions clause and were determined to be related to her migraine headaches.

BCBSMO also submitted its administrative file containing all medical records and correspondence pertaining to Plaintiffs claim. The correspondence includes letters written [956]*956by treating physicians as well as inter-office correspondence within BCBSMO. Plaintiff filed a response to BCBSMO’s motion but did not submit any affidavits or other evidence. The trial court granted BCBSMO’s motion for summary judgment. This appeal followed.

Summary judgment is appropriate when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Rule 74.04(c). On appeal of a summary judgment, we review the record in the light most favorable to the party against whom judgment was entered. ITT Commercial Finance v. Mid-America Marine, 854 S.W.2d 371, 376 (Mo. banc 1993). Our review is essentially de novo. Id.

In Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 956, 103 L.Ed.2d 80 (1989), the Supreme Court set forth the standard to be used in ERISA cases involving review of benefit denial decisions. Based on principles of trust law, “a denial of benefits challenged under § 1132(a)(1)(B) is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan.” 489 U.S. at 115, 109 S.Ct. at 956-57. If the plan gives the administrator discretionary authority to determine eligibility for benefits or to construe its terms, the de novo standard does not apply and the decision of the administrator is to be reviewed under the more deferential “abuse of discretion” standard. 489 U.S. at 110-11, 109 S.Ct. at 954; St. Louis Children’s Hosp. v. Commerce, 799 S.W.2d 87, 95 (Mo.App.1990). However, if the administrator is shown to be operating under a conflict of interest, that conflict must be weighed as a factor in determining whether there was an abuse of discretion. Firestone, 489 U.S. at 115-16, 109 S.Ct. at 957, citing Restatement (Second) of Trusts, § 187, Comment d (1959).

The Plan in this case gives BCBSMO sole discretion to determine covered expenses. Both parties acknowledge this discretionary authority. Because the Plan gives BCBSMO discretionary authority to determine eligibility for benefits, the determination must be reviewed under the deferential abuse of discretion standard. St. Louis Children’s Hosp., 799 S.W.2d at 95.

In her first point, Plaintiff asserts the trial court erred in granting summary judgment in that it overlooked evidence that BCBSMO had a conflict of interest, which Firestone indicates is a factor that must be considered in determining whether there was an abuse of discretion. Plaintiff contends BCBSMO was operating under a conflict because it was in charge of administering the Plan as well as paying benefits under it.

In support of her contention Plaintiff cites Wilson v. Group Hospitalization, 791 F.Supp. 309, 312 (D.D.C.1992). In Wilson, the plaintiff sought a preliminary injunction enjoining an insurer from refusing to pay based on a suspect amendment to the plan excluding coverage for antologous bone marrow transplants. Because the insurer had both issued the policy and was in charge of administering it, the court found an inherent conflict: “In its fiduciary role, the insurance company interprets the plan, determining what expenses are covered ... [which] is the same company that will ultimately pay for those expenses from its own coffers.” Id. at 312. The defendant insurer conceded that it acted out of self-interest, so the court gave the insurer’s interpretation less deference. Id. at 312-13.

Plaintiffs reliance on Wilson

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Bluebook (online)
899 S.W.2d 953, 1995 Mo. App. LEXIS 1139, 1995 WL 365042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schmitt-v-blue-cross-blue-shield-moctapp-1995.