Yeager

Deborah Dunn Yeager appeals, for herself and as class representative for all others similarly situated, from the trial court’s summary judgment dismissing her complaint against respondent Blue Cross of California. Her complaint alleges Blue Cross violated its statutory duty under Health and Safety Code section 1374.55 to offer coverage for treatment of infertility in the group health plan that Blue Cross provided to Dunn Yeager’s employer. We affirm.

FACTS AND PROCEEDINGS

Appellant Deborah Dunn Yeager is employed by Westmont College. Dunn Yeager belongs to the college’s group health plan with Blue Cross. Every year, Blue Cross gives the college an annual renewal package for the health plan containing, among other things, a checklist of legally mandated health insurance benefits that the plan must make available. Among those mandates, Health and Safety Code section 1374.55 obligates Blue Cross to offer to provide coverage for treatment of infertility. In compliance with that statute, Blue Cross’s renewal package with Westmont College offers to pay up to $2,000 a year for half the cost of each group member’s treatment for infertility. The package states:

“Blue Cross of…