Legal Opinion
Central States, Southeast and Southwest Areas Health and Welfare Fund v. First Agency, Inc.
Court of Appeals for the Sixth Circuit
Decided July 1, 2014No. 13-2077PublishedCited by 18 opinions
1Opinion of the Court
OPINION
SUTTON, Circuit Judge.
Central States and Guarantee Trust both issued insurance coverage for the same claims. Central States’ contract says that it will pay only if Guarantee Trust does not. Guarantee Trust’s contract insists that it will pay only if Central States does not. We must break this “you first” paradox, sometimes called a gasto-nette. Black’s Law Dictionary 795 (10th ed.2014); see Jon O. Newman, Birth of a Word 13 Green Bag 2d 169 (2010).
I
Central States, an employee benefit plan governed by the Employee Retirement Income Security Act, provides health insurance for Teamsters…
2Cases cited10 opinions
- Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
- Sereboff v. Mid Atlantic Medical Services, Inc.Supreme Court of the United States · 2006
- U.S. Airways, Inc. v. McCutchenSupreme Court of the United States · 2013
- Secretary of Department of Labor, First American National Bank-Eastern, Intervenor/plaintiff-Appellee v. E. William King, the Crown Enterprises, Inc.Court of Appeals for the First Circuit · 1985
- Peter Foltice v. Guardsman Products, Inc.Court of Appeals for the Sixth Circuit · 1996
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- The Depot, Inc. v. Caring for Montanans, Inc.Court of Appeals for the Ninth Circuit · 2019
- Central States, Southeast & Southwest Areas Health & Welfare Fund Ex Rel. Bunte v. American International Group, Inc.Court of Appeals for the Seventh Circuit · 2016
- Eric Patterson v. United Healthcare Ins. Co.Court of Appeals for the Sixth Circuit · 2023
- CeCelia Ibson v. United Healthcare ServicesCourt of Appeals for the Eighth Circuit · 2017
- Dakotas & Western Minnesota Electrical Industry Health & Welfare Fund Ex Rel. Stainbrook v. First Agency, Inc.Court of Appeals for the Eighth Circuit · 2017
13 more not listed; retrieve them via the Exa API.