BOSTON MUT. INS. v. MURPHREE

No. 99-16239.

242 F.3d 899 (2001)

BOSTON MUTUAL INSURANCE, a Massachusetts Corporation, Plaintiff-Appellant, v. Robert W. MURPHREE, husband, individually and as natural parent of Susan Elizabeth Murphree, a minor; Glendyon Sue Murphree, wife, individually and as a natural parent of Susan Elizabeth Murphree, a minor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2001.


Attorney(s) appearing for the Case

Frederick C. Berry, Jr. and Brendan N. Mahoney, Frederick C. Berry, Jr., P.C., Phoenix, Arizona, for the plaintiff-appellant.

Scott A. Salmon and Kerry M. Griggs, The Cavanagh Law Firm, P.A., Phoenix, Arizona, for the defendants-appellees.

Before: BRIGHT, REINHARDT, and SILVERMAN, Circuit Judges.


SILVERMAN, Circuit Judge:

In this case we are asked to decide whether an employee health plan, governed by the Employee Retirement Income and Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq., may coordinate medical benefits with a participant's underinsured motorist (UIM) coverage. We hold that under the coordination provision at issue here, an employee health plan may not coordinate medical benefits with a participant's UIM coverage.

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