PRIMAX RECOVERIES, INC. v. SEVILLA

No. 02-1229, 02-1435.

324 F.3d 544 (2003)

PRIMAX RECOVERIES, INC., Plaintiff-Appellant, Cross-Appellee, v. Richard SEVILLA, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 1, 2003.


Attorney(s) appearing for the Case

David A. Belofsky (argued), Belofsky & Belofsky, Chicago, IL, for Primax Recoveries, Inc.

Clinton A. Krislov, Michael R. Karnuth (argued), Krislov & Associates, Chicago, IL, for Richard Sevilla.

Before POSNER, ROVNER, and WILLIAMS, Circuit Judges.


POSNER, Circuit Judge.

This procedurally intricate ERISA case had its origins more than a decade ago, when Richard Sevilla, injured in an auto accident, incurred medical costs that were covered by his employer's ERISA welfare benefits plan. The plan entitled the employer (actually the employer's insurer, but we can ignore that detail) to reimbursement should the employee obtain compensation from a third party, which Sevilla did. The insurer of the driver of the other...

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