Rolf v. Health & Welfare Plan for Employees of Cracker Barrel Old Country Store, Inc.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

Plaintiff, a participant in defendant’s employee welfare benefit plan (“the Plan”), brought suit against the Plan under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq., to recover medical disability benefits stemming from her pre-existing asthmatic condition. The plan administrator denied plaintiffs claim on the basis that the Plan did not cover any expenses stemming from pre-existing medical conditions. Plaintiff claims that she is entitled to benefits either because the Plan’s pre-existing conditions…