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UNISYS MEDICAL PLAN v. TIMM

No. 96-1312.

98 F.3d 971 (1996)

UNISYS MEDICAL PLAN, Plaintiff-Appellee, v. Gary TIMM and Kandis Timm, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 23, 1996.

Attorney(s) appearing for the Case

Ronald L. Lipinski (argued), Keri B. Goldstein, Seyfarth, Shaw, Fairweather & Geraldson, Chicago, IL, for Plaintiff-Appellee.

Matthew A. Biegert (argued), Doar, Drill & Skow, New Richmond, WI, for Defendants-Appellants.

Before CUMMINGS, BAUER and EVANS, Circuit Judges.

TERENCE T. EVANS, Circuit Judge.

After Gary and Kandis Timm settled a state court personal injury case, the Unisys Medical Plan, a self-funded employee welfare benefit plan governed by the Employee Retirement Security Act (ERISA), 29 U.S.C. § 1001 et seq., sued the Timms in federal court, seeking reimbursement of medical expenses it paid on Mr. Timm's behalf. After Unisys moved for summary judgment, the Timms moved to stay the federal case, arguing that...

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