Cases

A court of the Western District of Texas denied a health insurer’s motion to dismiss an out-of-network freestanding emergency care facility’s breach-of-contract claim that sought payment at the “usual and customary rate” for emergency services, rejecting the insurer’s argument that the insured patients could not be balance-billed and therefore suffered no damages, holding that the assignment of the policy benefits to the provider does not eliminate the patients’ contractual rights, and finding the provider had plausibly alleged contractual obligations, breach, and damages.