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Award enforcementProceeding

Guardian Flight LLC v. Aetna Life Insurance Co.

D. Conn. · Updated

Summary

Six air ambulance companies sued Aetna and Cigna over hundreds of unpaid or late IDR awards. On May 14, 2025, Judge Shea held that the No Surprises Act implies a private right of action to enforce IDR awards and let assigned ERISA § 502(a)(1)(B) benefit claims and a CUTPA claim proceed. On June 16, 2026, he dismissed Aetna's counterclaims alleging the providers manipulated IDR. The case is pending.

Timeline of rulings

  1. D. Conn.

    Providers' motion to dismiss Aetna's counterclaims (fraud, money had and received, CUTPA) granted; bifurcated IDR claims are permitted under the NSA as administered.

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  2. D. Conn.

    Motions to dismiss granted in part and denied in part; NSA implies a private right of action to enforce IDR awards; ERISA § 502(a)(3) equitable claim dismissed with prejudice; CUTPA claim survives.

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Why it matters

It was the first reported decision recognizing an implied right to enforce IDR awards (789 F. Supp. 3d 214). That holding has been effectively abrogated by the Second Circuit's September 17, 2026 decision in East Coast Advanced Plastic Surgery v. Cigna, which binds district courts in Connecticut and holds the NSA creates no private right of action to enforce IDR awards.

Related insights

Sources

  1. Guardian Flight v. Aetna, Ruling on Motions to Dismiss (D. Conn. May 14, 2025) — GovInfo
  2. Guardian Flight v. Aetna, Ruling on Motion to Dismiss Counterclaims (D. Conn. June 16, 2026) — GovInfo
  3. GovInfo — Guardian Flight LLC v. Aetna Life Insurance Co., No. 3:24-cv-00680

General information only, not legal advice. Verdict Consulting Group is not a law firm.