Atherton v. Connecticut General Life Insurance Company, 955 N.E.2d 656 (Ill. Ct. App. 2011)

An insurance company became administrator of the health insurance plan operated by the State of Illinois for state employees.  The company began cutting back home nursing services that the plan previously had provided for a severely disabled child.  The parents sued the plan for declaratory and injunctive relief and were successful.  They filed a separate suit against the administrator for common law and statutory fraud.  A state trial court in Chicago granted the company’s motion to dismiss on the basis of res judicata.  Michael Gross was retained to write the plaintiffs’ briefs in the Appellate Court of Illinois. The trial court’s judgment was reversed.  The case subsequently was settled in mediation.

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