Legal Opinion

Basil Shell and Marlene Shell v. Amalgamated Cotton Garment and Allied Industries Fund and Amalgamated Life Insurance

Court of Appeals for the Eighth Circuit

Decided December 19, 1994No. 94-2060PublishedCited by 20 opinions

1Opinion of the Court

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In mid-1990, Basil Shell was very seriously injured in a car accident. His medical expenses eventually totaled approximately $140,000, for which he submitted claims to his insurance plan. Although the insurance plan did not dispute his eligibility for payment of those claims, it insisted that before the claims would be processed and paid, Mr. Shell would have to execute a document granting a “primary lien” to the insurance plan on any proceeds that he might obtain “as a result of any judgement [sic ], settlement or other means, of any claim or cause of…

2Cases cited3 opinions

  1. Howard E. Cox v. Mid-America Dairymen, Inc., a Kansas Corporation, Mid-America Dairymen, Inc. Retirement Plan Northern Trust CompanyCourt of Appeals for the Eighth Circuit · 1992
  2. Kennedy v. Georgia-Pacific Corp.Court of Appeals for the Eighth Circuit · 1994
  3. McIntosh v. Pacific Holding Co.Court of Appeals for the Eighth Circuit · 1993

3Cited by20 opinions

  1. Barnes v. Independent Automobile Dealers Ass'n of California Health & Welfare Benefit PlanCourt of Appeals for the Ninth Circuit · 1995
  2. 19 Employee Benefits Cas. 1958, 95 Cal. Daily Op. Serv. 7111, 95 Daily Journal D.A.R. 12,137 Susan M. Barnes v. Independent Automobile Dealers Association of California Health and Welfare Benefit Plan, and Does 1 Through 25, InclusiveCourt of Appeals for the Ninth Circuit · 1995
  3. Marshall v. Employers Health InsuranceDistrict Court, M.D. Tennessee · 1996
  4. Waller v. Hormel Foods Corp.District Court, D. Minnesota · 1996
  5. Health and Welfare Plan for Employees of REM, Inc. v. RidlerCourt of Appeals for the Eighth Circuit · 1997

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