Legal Opinion
Central States, Southeast & Southwest Area Health, & Welfare Fund v. Gerber Life Insurance
District Court, S.D. New York
Decided November 26, 2013No. 13-cv-2994 (NSR)PublishedCited by 6 opinions
1Opinion of the Court
OPINION AND ORDER
NELSON S. ROMÁN, District Judge.
This lawsuit arises from insurance claims made on behalf of seven covered individuals in connection with high school athletic injuries that they sustained while they were covered by both Central States, Southeast and Southwest Areas Health and Welfare Fund (collectively “Central States” or the “Fund”) and Gerber Life Insurance Company (“Gerber”). Complaint, ¶¶ 8-11, and at Ex. B.
Defendants move to dismiss Plaintiffs’ Complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. For the reasons set…
2Cases cited25 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
- Varity Corp. v. HoweSupreme Court of the United States · 1996
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
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3Cited by6 opinions
- Central States, Southeast & Southwest Areas Health & Welfare Fund v. Gerber Life InsuranceCourt of Appeals for the Second Circuit · 2014
- Central States, Southeast & Southwest Areas Health & Welfare Fund v. Bollinger, Inc.Court of Appeals for the Third Circuit · 2014
- Derogatis v. Bd. of Trs. of the Welfare Fund of the Int'l Union of Operating Eng'rs Local 15, 15a, 15C 15D, AFL-CIODistrict Court, S.D. Illinois · 2019
- Billings v. State Of New YorkDistrict Court, S.D. New York · 2022
- Nathanial L. Tindel, M.D., LLC v. Excellus Blue Cross and Blue ShieldDistrict Court, N.D. New York · 2023
1 more not listed; retrieve them via the Exa API.