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.