U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

Action Regarding Denial of Medical Insurance Coverage, and Criminal Matter

In Izzo v. Wiley, No. 10-1195, a habeas petition challenging the decision of the Bureau of Prisons (BOP) denying petitioner's eligibility for the Elderly Offender Home Detention Pilot Program, the court affirmed the denial of the petition where the phrase "term of imprisonment to which the offender was sentenced" in 42 U.S.C. section 17541 unambiguously referred to the term imposed by the sentencing court, without any consideration of good time credit.

In Oldenkamp v. United Am. Ins. Co., No. 09-5032, an action regarding defendant-insurer's denial of a claim for coverage of a medical procedure for their infant son, the court affirmed in part partial summary judgment for plaintiffs where 1) the district court correctly held that plaintiffs could not seek punitive damages because their bad faith claim had failed; and 2) plaintiffs produced no evidence to suggest that certain matters influenced defendant's decision to rely on the language of its policy in denying their claim.  However, the court reversed in part where a waiting period for coverage of pre-existing conditions in limited benefit policies was expressly authorized by 36 Okla. Stat. section 4403.1.

Related Resources