Jean A. McIntosh v. Pacific Holding Co.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Jean A. McIntosh and her counsel appeal from a judgment denying their claim for legal fees for work performed in a tort action to recover from third parties money that was ultimately reimbursed to Pacific Holding Company Employee Welfare Benefit Plan (the “Plan”). We reverse the district court and remand for the determination of whether an attorney’s fee is appropriate in the circumstances of this case and, if so, what its amount should be.

I

This case arises from an auto accident that left Ms. McIntosh’s daughter gravely injured. The daughter’s medical…