Frerking v. Blue Cross-Blue Shield of Kansas

MEMORANDUM AND ORDER

THEIS, District Judge.

This matter comes before the court on the motion of defendant for summary judgment. The action is for recovery of insurance benefits under a group health plan, pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(1)(B).

Plaintiff John R. Frerking became an employee of Bank IV on October 29, 1986. As an employee, plaintiff took advantage of health care insurance plan offered by his employer through defendant Blue Cross-Blue Shield. This plan is an “employee welfare benefit plan” within the meaning of the 29…