Feit v. Horizon Blue Cross and Blue Shield of N.J.

IMMUNITY

Feit v. Horizon Blue Cross and Blue Shield
of N.J., 2006 WL 1330196 (N.J. Super. App. Div. Apr. 28, 2006)

The Superior
Court of New Jersey, Appellate Division, ruled that a health insurer was
entitled to immunity for reporting the termination of a physician from its
provider network. The insurer reported the physician to the state board of
medical examiners after the insurer’s peer review committee determined that
the physician was an imminent threat to the welfare and safety of patients.
The court found that the insurer reported the physician in good faith following
extensive internal reviews and was thus properly granted immunity from civil
damages for the physician’s defamation and other tort-based claims. However,
the court reversed the trial court’s ruling that the physician’s breach of
contract claims were preempted by ERISA.