DAVIS v. NEPCO EMPLOYEES MUT. BENEFIT ASS'N

No. 94-1975.

51 F.3d 752 (1995)

Kathleen DAVIS and David Davis, Plaintiffs-Appellants, v. NEPCO EMPLOYEES MUTUAL BENEFIT ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 1995.


Attorney(s) appearing for the Case

Jerome A. Maeder (argued), Vincent A. Maeder (argued), William D. Mansell, Wausau, WI, for plaintiffs-appellants.

Lee J. Geronime, Paul D. Windsor (argued), John C. Lapinski, David W. Runke, Michael, Best & Friedrich, Milwaukee, WI, for defendant-appellee.

Before POSNER, Chief Judge, ENGEL, and EASTERBROOK, Circuit Judges.


ENGEL, Circuit Judge.

This case presents only one question: which party bears liability for future medical expenses when both a tort victim and her medical insurer, an ERISA plan, settle separately with the tortfeasor without explicitly allocating any portion of the settlements for future medical expenses. Because we find that the ERISA plan failed to protect its own interests regarding future medical expenses when it settled the case, we reverse the district court...

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