Aetna class action lawsuit overview:
- Who: Aetna Life Insurance Co. failed to convince a Connecticut judge to dismiss a class action lawsuit filed against it by plaintiff Tara Kulwicki.
- Why: Kulwicki claims Aetna discriminated against her on the basis of her sexual orientation.
- Where: The Aetna class action lawsuit was filed in Connecticut federal court.
Aetna Life Insurance failed to convince a Connecticut judge to dismiss a class action lawsuit claiming the company discriminated against her on the basis of her sexual orientation when it denied her claim for infertility benefits under her employer-sponsored health insurance plan.
Plaintiff Tara Kulwicki claims Aetna discriminated against her when it denied her, a homosexual woman, coverage because she was unable to satisfy a specific requirement that could only be satisfied by a heterosexual woman.
Aetna filed a motion for partial summary judgment on the limited question of whether Wellstar Health, the sponsor of Kulwicki’s health insurance plan, was responsible for the design of the infertility benefit offered by the plan.
Aetna argued that Wellstar was responsible for the benefit design of the Wellstar Plan which Aetna merely administered as directed, according to the Aetna class action lawsuit.
Aetna argued that the court should reconsider its previous motion to dismiss on the grounds that Kulwicki failed to join Wellstar Health, a necessary and indispensable party, or, alternatively, that the court transfer the case to Georgia.
Court denies several motions in Aetna lawsuit
The court denied Aetna’s motion for summary judgment, however, finding there remained several factual disputes as to the company’s role in designing the plan.
The court further denied Aetna’s motion to dismiss, finding that Wellstar was not an indispensable party in the action, and that the company can provide complete relief for its own violations of the Affordable Care Act without involvement of any other party.
Finally, the court denied Aetna’s motion to transfer the class action lawsuit to Georgia, finding that the company failed to carry its burden to establish by clear and convincing evidence that transfer is justified.
The court found that the events at issue in the case, specifically Aetna’s drafting and administration of the Wellstar Plan, occurred primarily in Connecticut, where the company is headquartered.
Earlier, Aetna agreed to a $3.42 million settlement to resolve a class action lawsuit alleging it wrongfully denied proton beam therapy claims for prostate cancer treatment.
What do you think of the claims made in this Aetna class action lawsuit? Let us know in the comments.
The plaintiff is represented by Gary F. Lynch and Jamisen Etzel of Lynch Carpenter LLP and Erin Green Comite, Joseph P. Guglielmo and Amanda Rolon of Scott + Scott Attorneys at Law LLP.
The Aetna class action lawsuit is Kulwicki v. Aetna Life Insurance Co., Case No. 3:22-cv-00229, in the U.S. District Court for the District of Connecticut.
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