Yeager v. Blue Cross of California, No. B207571

In an action for unfair competition and false advertising involving a group health care plan, trial court's grant of summary judgment for defendant is affirmed where: 1) defendant complied with the duty to offer coverage for treatment of infertility in its group health plan under Health and Safety Code sec. 1374.55, as it offered such coverage  and it was the employer that declined to buy; and 2) plaintiff's argument that defendant must cover the entire cost of her infertility treatment to comply with the statute has no support in the statute's language.    

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Appellate Information
APPEAL from a judgment of the Superior Court of Los Angeles County. Victoria G. Chaney, Judge. Affirmed.
SECOND APPELLATE DISTRICT, DIVISION EIGHT
Filed: July 15, 2009

Judges
Opinion by RUBIN, ACTING P.J., FLIER, J., BIGELOW, J.
Opinion by RUBIN, ACTING P.J.

Counsel
For Plaintiff: Selman Breitman, Mark F. Didak, Neil H. Selman and Craig R. Breitman.

For Defendant: Reed Smith, Margaret M. Grignon, Kurt C. Peterson, Kenneth N. Smersfelt, Zareh Jaltorossian and Eric C. Schaffer.