1. Home
  2. Browse Decisions
  3. F.3d
  4. 34 F.3d
  5. 34 F.3d 834 (1994)
 

PACIFICARE INC. v. MARTIN

No. 92-55476.

34 F.3d 834 (1994)

PACIFICARE INC., dba Pacificare of California, Plaintiff-Appellee, v. Vernon D. MARTIN; Sherrie Sue Martin, Defendants, and Scott Douglas Martin, a minor, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred August 20, 1993.

Submitted December 2, 1993.

Decided September 1, 1994.

Attorney(s) appearing for the Case

Ernest J. Franceschi, Jr., Los Angeles, CA and William E. Cavanaugh, Costa Mesa, CA, for defendant-appellant.

Jon N. Manzanares, Konowiecki & Rank, Los Angeles, CA, for plaintiff-appellee.

Before: NORRIS, WIGGINS, and O'SCANNLAIN, Circuit Judges.

Opinion by Judge O'Scannlain; Dissent by Judge Norris.

O'SCANNLAIN, Circuit Judge:

We must decide whether an ERISA plan health insurer has a cause of action against its insured for reimbursement of medical expenses advanced under the policy when the insured recovers a full award against a third party.

I

Scott Martin was insured under a pre-paid health plan pursuant to a group subscriber agreement between Pacificare, a federally-qualified...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases