CYNTHIA A. NORDI, AN INDIVIDUAL v. KEYSTONE HEALTH PLAN WEST INC., AND HIGHMARK, INC.

CYNTHIA A. NORDI, AN INDIVIDUAL v. KEYSTONE HEALTH PLAN WEST INC., AND HIGHMARK, INC. No. 1476 WDA 2008 2010 PA Super 11 Atlantic: n/a Filed: 1/22/2010
	Appeal from the Order entered August 26, 2008 In the Court of Common Pleas of Allegheny County Civil Division at No. GD-04-3664
Before: BENDER, BOWES AND CLELAND, JJ.
Opinion by: CLELAND, J.
Appellant Cynthia A. Nordi (Nordi) appeals the order of the Allegheny County Court of Common Pleas granting the summary judgment motions of Appellees Keystone Health Plan West, Inc. (Keystone) and Highmark, Inc. (Highmark) in a dispute over the extent of health insurance coverage provided by Keystone under an HMO plan administered, in part, by Highmark under a Service Agreement. The parties’ dispute requires us to address whether the Appellees violated the insurance “bad faith” statute, 42 Pa.C.S.A. § 8371, and whether an HMO is exempted from the bad faith statute by the Health Maintenance Organization Act, 40 P.S. §§ 1551-1567 (HMO Act). For reasons that follow, we affirm.

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