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MORTON v. SMITH

No. 95-2674.

91 F.3d 867 (1996)

Michael K. MORTON, Plaintiff-Appellant, v. Edward M. SMITH, Ronald Howard, Richard Reynolds, Harlin Newlin, Mike Meyer, W. Tom Arnold, William Butler, William Regenhart, Thomas Tinsley and Virgil Wortham, as Trustees of the Southern Illinois Laborers and Employers Health and Welfare Fund, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 29, 1996.

Attorney(s) appearing for the Case

Eric L. Terlizzi (argued), Pfaff, Garner & Terlizzi, Salem, IL, for Plaintiff-Appellant.

Patrick J. O'Hara (argued), Michael W. O'Hara, Cavanagh & O'Hara, Springfield, IL, for Defendants-Appellees.

Before WOOD, Jr., CUDAHY and ROVNER, Circuit Judges.

CUDAHY, Circuit Judge.

Michael Morton was a covered beneficiary of a health and welfare fund regulated by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001, et seq. His benefits from the fund included reimbursement for most medical expenses, but not for medical expenses associated with "intentionally self-inflicted injuries." Morton suffered an injury when, according to his lawyer's account, he was "very, very drunk ... and...

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