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WITT v. ALLSTATE INS. CO.

No. 94-3202.

50 F.3d 536 (1995)

Charles WITT, Walter Bowe, Jr., Kenneth O. Truemper, Ken Daues, Gary Stephens, Gary Lorenz, as Trustees of the St. Louis Graphic Arts Joint Health & Welfare Fund, Appellees, v. ALLSTATE INSURANCE COMPANY, a corporation, and Allstate Life Insurance Company, a corporation, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 15, 1995.

Attorney(s) appearing for the Case

Robyn R. Lundt, St. Louis, MO, argued (Daniel T. Rabbitt, on the brief), for appellants.

James I. Singer, St. Louis, MO, argued (James K. Cook, Neal M. Davis and Thomas J. Grady, on the brief), for appellees.

Before McMILLIAN, Circuit Judge, HEANEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Howard Rapp was a participant in plaintiff Fund's benefit plan (the "Plan") and his son Kyle was covered by the Plan. The Plan contained a subrogation clause providing that plaintiff had a right to subrogation on amounts paid by the Fund as medical benefits. When Kyle Rapp was injured in an auto accident in 1987, the Fund covered his medical expenses but required the Rapps to sign a reimbursement...

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