Legal Opinion
Barnes v. Independent Automobile Dealers Ass'n of California Health & Welfare Benefit Plan
Court of Appeals for the Ninth Circuit
Decided September 8, 1995No. 93-16049PublishedCited by 60 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
Susan Barnes appeals from the district court’s grant of summary judgment in favor of Independent Automobile Dealers Association of California Health & Welfare Benefit Plan (“the Plan”). The district court found that the subrogation clause in the Plan’s benefit agreement prevented Barnes from recovering for medical expenses. We conclude that Barnes is entitled to recover for medical expenses and remand for entry of summary judgment in her favor.
FACTS
Susan Barnes was an employee beneficiary of the Plan, a self-funded employee medical benefit program. The Plan entitled…
2Cases cited29 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- FMC Corp. v. HollidaySupreme Court of the United States · 1990
- Melissa Hines, on Behalf of Her Minor Daughter, Amber Sevier v. Secretary of the Department of Health and Human ServicesCourt of Appeals for the Federal Circuit · 1991
- Hummell v. S. E. Rykoff & Co.Court of Appeals for the Ninth Circuit · 1980
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3Cited by60 opinions
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- Cagle v. BrunerCourt of Appeals for the Eleventh Circuit · 1997
- Sheet Metal Workers' International Association Local Union No. 359 v. Madison Industries, Inc., of ArizonaCourt of Appeals for the Ninth Circuit · 1996
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