SHELL v. AMALGAMATED COTTON GARMENT

No. 94-2060.

43 F.3d 364 (1994)

Basil SHELL and Marlene Shell, Appellees, v. AMALGAMATED COTTON GARMENT and Allied Industries Fund and Amalgamated Life Insurance, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided December 19, 1994.


Attorney(s) appearing for the Case

Mark Philip Wine, Minneapolis, MN, argued (Mark P. Wine, Linda J. Soranno and Christopher J.A. Curry, on the brief), for appellants.

Frank J. Rajkowski, St. Cloud, MN, argued, for appellees.

Before BEAM, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

In mid-1990, Basil Shell was very seriously injured in a car accident. His medical expenses eventually totaled approximately $140,000, for which he submitted claims to his insurance plan. Although the insurance plan did not dispute his eligibility for payment of those claims, it insisted that before the claims would be processed and paid, Mr. Shell would have to execute a document granting a "primary lien" to the insurance plan...

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