Legal Opinion
White Consolidated Industries, Inc. v. Lin
New Jersey Superior Court Appellate Division
Decided October 22, 2004PublishedCited by 4 opinions
1Opinion of the Court
The opinion of the court was delivered by
PARRILLO, J.A.D.
In an earlier appeal, we remanded to the trial court for a determination whether the employer’s medical benefits plan (Plan), qualified as a welfare plan under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. §§ 1001 to— 1461, is either self-funded or insured. White Consolidated Industries, Inc. v. Pei Lin, M.D., No. A-1280-00T5 (App. Div. June 4, 2002) (slip op. at 5-6). If the former, the employer would be entitled to recover, by way of subrogation or reimbursement, the payments it has made to an employee for…
2Cases cited9 opinions
- FMC Corp. v. HollidaySupreme Court of the United States · 1990
- Nieder v. Royal Indemnity InsuranceSupreme Court of New Jersey · 2004
- United Food & Commercial Workers & Employers Arizona Health & Welfare Trust, a Trust Dennis Davison Raymond Florom v. Renee Ann PacygaCourt of Appeals for the Ninth Circuit · 1986
- Eric Moore v. Provident Life and Accident Insurance Company and Does I Through X, Inclusive Flexpak of California, a California Corporation the Beech Street Health Care Services, Inc., a Company Carolyn McCartney R.A. McDonald William K. Kewell Charles Ruble, Jr. O.H. Rieth Walter Ziemba Emerson Taylor Kent Gilmore Fred W. Correll Glenn Haynes, Jr. Arthur L. Burnett Eugene J. Villalobos Gary Dunmire & Stephen Northup, as Trustees of the Trust of Printing Specialties and Paper Products Joint Employer Union Health and Welfare Fund, Provident Life and Accident Insurance Co., Cross-Complainant/appellee v. Flexpak of California, Cross-Defendant/appellantCourt of Appeals for the Ninth Circuit · 1986
- Perreira v. RedigerSupreme Court of New Jersey · 2001
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3Cited by4 opinions
- GATES v. DEMATIC CORPORATIONDistrict Court, D. New Jersey · 2022
- HUA v. THE BOARD OF TRUSTEES OF THE UNITED FOOD AND COMMERCIAL WORKERS UNION LOCAL 1262 AND EMPLOYERS WELFARE FUNDDistrict Court, D. New Jersey · 2021
- LEONEL SERIO VS. FIDELITY & GUARANTY INSURANCE UNDERWRITERS, INC., ETC. (L-5125-14, ESSEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
- PALISADES INSURANCE COMPANY VS. HORIZON BLUE CROSS BLUE SHIELD OF NEW JERSEY (L-6136-19, MIDDLESEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021