Legal Opinion

Kress v. Food Employers Labor Relations Ass'n

Court of Appeals for the Fourth Circuit

Decided December 10, 2004No. 03-2269PublishedCited by 13 opinions

1Opinion of the Court

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge TRAXLER and Senior Judge HAMILTON joined.

OPINION

WILKINSON, Circuit Judge.

Paul Kress, a participant in his employer’s welfare benefit plan, was injured by a third party in an automobile accident away from work. Under such circumstances, the plan will advance participants accident-related expenses. The Summary Plan Description emphasizes that such payments are in the nature of a “service” to the plan’s members, because “[rjecovery from a third party can take a long time.”

In order to receive the advance,…

2Cases cited13 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Black & Decker Disability Plan v. NordSupreme Court of the United States · 2003
  4. Curtiss-Wright Corp. v. SchoonejongenSupreme Court of the United States · 1995
  5. Ellen v. Ellis v. Metropolitan Life Insurance CompanyCourt of Appeals for the Fourth Circuit · 1997

8 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Sandra Peters v. Aetna IncorporatedCourt of Appeals for the Fourth Circuit · 2021
  2. Foster v. PPG Industries, Inc.Court of Appeals for the Tenth Circuit · 2012
  3. Blackshear v. Reliance Standard Life InsuranceCourt of Appeals for the Fourth Circuit · 2007
  4. Tom Colucci v. Agfa Corporation Severance Pay PlanCourt of Appeals for the Fourth Circuit · 2005
  5. Gorman v. Carpenters' & Millwrights' Health Benefit Trust FundCourt of Appeals for the Tenth Circuit · 2005

8 more not listed; retrieve them via the Exa API.

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