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Tolliver-McGregor v. Health Care Service Corp.

United States District Court, D. Montana, Butte Division

April 4, 2019

WENDY TOLLIVER-MCGREGOR, Plaintiff,
v.
HEALTH CARE SERVICE CORPORATION, an Illinois mutual legal reserve company d/b/a in Montana as Blue Cross and Blue Shield of Montana, Defendant.

          ORDER

          SAM E. HADDON JUDGE.

         On April 4, 2019, a hearing was conducted on all pending motions in this case.

         Upon the record made in open court, ORDERED:

         1. Plaintiffs Motion for Partial Summary Judgment Re: the Plain Meaning of "Will Consult With" & Breach of Contract[1] is DENIED.

         2. Plaintiffs Motion in Limine to Exclude the Testimony of Michael Ridgeway[2] is GRANTED in part and DENIED in part, as stated on the record.

         3. Plaintiffs Motion in Limine Re: After-Acquired Evidence & the Testimony of Morgan Lorio, M.D.[3] is GRANTED in part and DENIED in part, as stated on the record.

         4. Defendant's Motion for Partial Summary Judgment[4] is DENIED.

         5. Defendant's Motion in Limine No. 1 to Exclude Evidence not Before BCBSMT When it Made its Determination That Plaintiffs In-Patient Rehabilitation Stay at Craig Hospital was not Medically Necessary[5] is DENIED.

         6. The parties having stated on the record that no evidence or argument of a claim by Plaintiff of financial hardship resulting from any alleged conduct of Defendant will be offered at trial, Defendant's Motion in Limine No. 2 to Exclude Evidence Regarding Financial Hardship[6] is WITHDRAWN.

         7. The parties having stated on the record that neither party will seek to call Dr. Howard Choi as a witness or to present evidence at trial of opinions Choi may have, Defendant's Motion in Limine No. 3 to Exclude References to Prior Judicial Opinions Regarding Dr. Howard Choi[7] is GRANTED.

         8. Defendant's Motion to Exclude the Expert Testimony of Gregory Munro and Cori Cook[8] is GRANTED.

         FURTHER ORDERED:

         To assist the Court in address and resolution of whether Defendant acted in violation of the Montana Unfair Trade Practices Act, Mont. Code Ann. § 33-18-201(4), by failure to conduct "a reasonable investigation based upon all available information" before it determined on August 4, 2016, to deny Plaintiff coverage for inpatient rehabilitative care at Craig Hospital[9]:

         1. Defendant shall have to and including April 19, 2019, to file a brief and relevant documents in ...


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