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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Mary O'Dowd, Plaintiff, vs. John Alden Health Insurance Company; Fortis Health; Fortis, Inc.; Black Corporations I-II, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

No. CIV-03-2383-PHX-MHM [PROPOSED] JUDGMENT

This matter came before the Court on defendants' Motion for Summary Judgment and plaintiff's Cross-Motion for Summary Judgment. The Court denied defendants' Motion for Summary Judgment and granted plaintiff's Cross-Motion for Summary Judgment, IT IS HEREBY ORDERED that judgment be entered in favor of the plaintiff and against the defendant John Alden Life Insurance Company as follows: 1. That plaintiff's nutritional formula ("Jevity") that Dr. Volker Sonntag prescribed for her is medically necessary and therefore is a covered benefit under her employer's group health insurance policy's "Medical Necessary" and "Home Health Care" provisions. 2. That John Alden process all past unpaid claims for the formula as a covered benefit under those provisions subject to all terms and conditions of the plan. 3. That plaintiff recover her taxable costs.

Case 2:03-cv-02383-MHM

Document 69-2

Filed 10/13/2005

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