Illinois District Court Denies Class Certification in ERISA Suit for Failure to Satisfy Typicality Requirement

United States District Judge for the Northern District of Illinois Amy J. St. Eve refused to certifiy plaintiffs' proposed class, in a suit arising from defendant insurer's refusal to pay for a certain cancer treatment.  The court found that plaintiffs' claims were not typical of the proposed sub-class of persons governed by ERISA, as Rule 23(a)(3) requires, because the insurer's coverage of the cancer treatment depended upon the date of treatment, the plan governing the claim, and whether treatment was provided as in-patient or out-patient care.  The court further ruled that the plaintiffs were improper representatives of a proposed non-ERISA sub-class, comprised of persons with claims governed by state contract law, because the plaintiffs were not members of this sub-class.  Finally the court rejected plaintiffs' effort to certify a defendant class, finding that the defendants were not "adequate" representatives due to antagonistic interests between them and the proposed defendant class.  Moffat v. Unicare Midwest Plan Group 31451, 2006 U.S. Dist. LEXIS 16348 (N.D. Ill. Apr. 5, 2006).  - A.L.