McIntosh v. Pacific Holding Co.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In July, 1988, Kristin McIntosh was very seriously injured in a car accident. At the time, Jean McIntosh, Kristin’s mother, had health care insurance through her employer, the Pacific Holding Company. As Jean McIntosh’s minor dependent, Kristin was also insured under that coverage. Kristin made claims through the health care plan for medical expenses related to her injuries; the health care plan has paid over $430,000 to date for those expenses.

In December, 1988, the health care plan and the employer notified Jean McIntosh that they considered it her…