Unisys Medical Plan v. Gary Timm and Kandis Timm

TERENCE T. EVANS, Circuit Judge.

After Gary and Kandis Timm settled a state court personal injury case, the Unisys Medical Plan, a self-funded employee welfare benefit plan governed by the Employee Retirement Security Act (ERISA), 29 U.S.C. § 1001 et seq., sued the Timms in federal court, seeking reimbursement of medical expenses it paid on Mr. Timm’s behalf. After Unisys moved for summary judgment, the Timms moved to stay the federal case, arguing that it should be put on ice while the state court ease was still active. The Timms also raised the affirmative defenses of waiver and estoppel…