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AUTO CLUB INS. v. HEALTH AND WELFARE PLANS

No. 91-1617.

961 F.2d 588 (1992)

AUTO CLUB INSURANCE ASSOCIATION, Plaintiff-Appellant, v. HEALTH AND WELFARE PLANS, INC., et al., Defendants-Appellees, Health and Welfare Plans, Inc., Defendant and Third-Party Plaintiff-Appellee, Automated Benefit Services, Inc., Third-Party Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 10, 1992.

Attorney(s) appearing for the Case

Clair W. Hoehn, argued, briefed, Brandt, Hanlon, Becker, Lanctot, McCutcheon, Schoolmaster & Taylor, Detroit, Mich., for plaintiff-appellant.

Alexander B. Ritchie, Michael J. Connolly, Cross & Wrock, Detroit, Mich., Thomas G. Olp, briefed, William J. Rodgers, argued, briefed, Collier, Shannon & Scott, Washington, D.C., for defendants-appellees.

John S. Barbour, Gail A. Craven, Detroit, Mich., for third-party defendant-appellee.

Before: MERRITT, Chief Judge; and JONES and BATCHELDER, Circuit Judges.

BATCHELDER, Circuit Judge.

On June 28, 1989, plaintiff-appellant, Auto Club Insurance Association (the "Auto Club"), brought this action in Michigan state court against defendants-appellees Health and Welfare Plans, Inc., National Labor Union Health and Welfare Fund (the "Fund"), George Vitale, and Joseph Marullo (collectively "defendants" or "appellees").1 The Complaint alleged several state-law causes of action arising out of the refusal...

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