Gorman v. Carpenters' & Millwrights' Health Benefit Trust Fund

STEWART, District Judge.

Defendant/appellant Carpenters’ and Millwrights’ Health Benefit Trust Fund (the Fund) appeals from the district court’s Order on Motions for Summary Judgment granting plaintiff/appellee Paul Gorman (Plaintiff) equitable relief from the terms of a subrogation contract on the grounds that the Fund acted arbitrarily and capriciously because its contract imposed a condition on Plaintiff that was not contained in the Plan or the Summary Plan Description. The new condition was that the Plaintiff must file a third-party action at his own expense in order to obtain his vested…