Firm Client Scores Win In ERISA Class Case
Firm client Brian Emch scored a big coverage case win in a case captioned Emch v. Community Insurance Company. The case, venued in federal court in the Southern District of Ohio, contends that Emch’s health insurer violates the Ohio Parity Act because it excludes coverage for mental health treatment at residential treatment centers. The issue before the Court was whether the Ohio Parity Act could be enforced in litigation where the Act itself didn’t expressly provide for a cause of action. The Court held that it could, finding that the Act protections were incorporated as matter of law into the insurance contract between the insurer and insured.
The case is found at No. 1:17-cv-00856 (S.D. Ohio). Rob Sparks at Strauss Troy Co. LPA is our colleague and cocounsel on this matter.