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WILLIAMS v. MIDWEST OPERATING ENGINEERS FUND

No. 96-3889.

125 F.3d 1138 (1997)

Monroe WILLIAMS, Plaintiff-Appellant, v. MIDWEST OPERATING ENGINEERS WELFARE FUND, and Larry W. Bushmaker, as Administration Manager of the Midwest Operating Engineers Welfare Fund, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 30, 1997.

Attorney(s) appearing for the Case

Nick Katich (argued), Lucas, Holcomb & Medrea, Merrillville, IN, for Plaintiff-Appellant.

Alan H. Auerbach, James M. Neuman, Pasquale A. Fioretto, Catherine Chapman (argued), Stephen J. Rosenblat, Baum, Sigman, Auerbach, Pierson & Neuman, Chicago, IL, for Defendant-Appellee.

Before BAUER, CUDAHY and DIANE P. WOOD, Circuit Judges.

CUDAHY, Circuit Judge.

Monroe Williams was shot five times in the legs by a Gary, Indiana police officer. His medical bills amounted to over $200,000, all of which his health insurance plan, the Midwest Operating Engineers Welfare Fund (Fund), refused to cover. The Fund interpreted Plan language and found that it does not cover Williams' claim; Williams interpreted Summary Plan language and believes that it does cover his claim.1 We are...

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