An appeals court has revived a case testing whether a health insurer breached its fiduciary duty by telling the husband of a policyholder that she should “go ahead” with brain surgery it later declined to pay for because the doctor was out of network.

The full U.S. Court of Appeals for the Seventh Circuit reversed Northern District of Illinois Judge Marvin Aspen’s July 2010 summary judgment for Concert Health Plan on one of James Killian’s breach of fiduciary duty claims.