Legal Opinion

Wellmark, Inc. v. Deguara

District Court, S.D. Iowa

Decided April 7, 2003No. 4:02-cv-40534PublishedCited by 7 opinions

1Opinion of the Court

ORDER DENYING DEFENDANT’S RULE 12(b)(6) MOTION TO DISMISS 1

GRITZNER, District Judge.

This matter comes before the Court on Defendant’s Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Clerk’s No. 18). The parties have not requested a hearing on the motion. 2

I. FACTUAL AND PROCEDURAL BACKGROUND

Defendant Christopher Deguara was injured in an automobile accident on February 22, 2001, and incurred approximately $668,498 in medical expenses as a result of the accident. Deguara’s medical expenses were covered under two employee welfare benefit plans (“the Plans”). 3 Both Plans…

2Cases cited18 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
  4. Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
  5. Curtis v. LoetherSupreme Court of the United States · 1974

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3Cited by7 opinions

  1. In Re Enron Corp. Securities, Derivative & ERISADistrict Court, S.D. Texas · 2003
  2. Administrative Committee of the Wal-Mart Associates Health & Welfare Plan v. WillardDistrict Court, D. Kansas · 2004
  3. BlueCross BlueShield of South Carolina v. CarilloDistrict Court, N.D. Georgia · 2005
  4. MANK EX REL. HANNAFORD HEALTH PLAN v. GreenDistrict Court, D. Maine · 2003
  5. Mid-Century Insurance v. MenkingDistrict Court, D. Nebraska · 2003

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