Kazda

Kazda v. Aetna Life Insurance Company

Good Law
United States District Court, Northern District of CaliforniaApril 26, 20223:19-cv-02512California7,737 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHALA KAZDA, Case No. 19-cv-02512-WHO

Plaintiff,

ORDER GRANTING CLASS

v. CERTIFICATION

AETNA LIFE INSURANCE COMPANY, Re: Dkt. Nos. 80, 81, 84, 89, 90 Defendant.

12 Plaintiff Michala Kazda seeks certification of a class of people covered by Employee Retirement Income Security Act (“ERISA”) health plans administered by defendant Aetna Life Insurance Company (“Aetna”) whose claims for liposuction treatment of their lipedema were denied as cosmetic. Her motion is GRANTED. Kazda has standing to seek declaratory and injunctive relief requiring Aetna to reprocess the class members’ previously denied claims and notify them of its policy change. Her claims are typical. She is an adequate representative. She has also sufficiently alleged questions common to the class—namely, whether Aetna had a policy or practice of denying these claims as cosmetic—that will drive the resolution of this matter. And although the class is small, given…

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