Legal Opinion

Totten v. Hill

California Court of Appeal

Decided August 13, 2007No. A114467PublishedCited by 7 opinions

1Opinion of the Court

Opinion

SIMONS, J.

The Laborers Health and Welfare Trust Fund for Northern California (Trust Fund) 1 is an employee health and welfare benefit plan (Plan) subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. § 1001 et seq.) (ERISA). In 2003, it paid out $167,767 in benefits for medical expenses incurred by one of its participants, defendant and respondent Jeanne L. Hill (Hill), who had suffered a punctured bowel during surgery. In 2004, Hill received a $230,000 settlement in the medical malpractice lawsuit she filed against her doctor for his alleged negligence. Upon…

2Cases cited16 opinions

  1. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  2. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  3. Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
  4. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  5. Beneficial National Bank v. AndersonSupreme Court of the United States · 2003

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3Cited by7 opinions

  1. Saffer v. JP Morgan Chase Bank, N.A.California Court of Appeal · 2014
  2. San Diegans for Open Government v. City of San DiegoCalifornia Court of Appeal · 2015
  3. Cummings v. StanleyCalifornia Court of Appeal · 2009
  4. Morris B. Silver M.D., Inc. v. International Longshore & Warehouse Union-Pacific Maritime Ass'n Welfare PlanCalifornia Court of Appeal · 2016
  5. Asbestos Workers Local Union No. 42 Welfare Fund v. BrewsterSupreme Court of Delaware · 2007

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