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PM GROUP LIFE INS. v. WESTERN GROWERS ASSUR. TRUST

No. 90-55909.

953 F.2d 543 (1992)

PM GROUP LIFE INSURANCE CO., Plaintiff-Appellee, v. WESTERN GROWERS ASSURANCE TRUST, Defendant-Appellant, Loma Linda University Medical Center, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1992.

Attorney(s) appearing for the Case

Roy G. Weatherup, Haight, Brown & Bonesteel, Santa Monica, Cal., for defendant-appellant Western Growers Assur. Trust.

Theodore K. Stream, Stream & Associates, Riverside, Cal., for defendant-appellee Loma Linda University Medical Center.

John L. Viola, Adams, Duque & Hazeltine, Los Angeles, Cal., for plaintiff-appellee PM Group Life Ins. Co.

Before POOLE, KOZINSKI and LEAVY, Circuit Judges.

KOZINSKI, Circuit Judge.

The next worst thing to having no insurance at all is having two insurance companies cover the same claim. In the absence of consistent coordination of coverage provisions, the two companies can dissipate months, even years, wrangling with one another, while the insured and the provider of the covered services are left holding the bag. This is such a case, involving two ERISA-covered health benefit plans.

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