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NORTHERN KARE FACILITIES v. BENEFIRST, LLC

No. CIV.A.03-12112-JLT.

344 F.Supp.2d 283 (2004)

NORTHERN KARE FACILITIES/KINGDOM KARE, LLC, Plaintiff, v. BENEFIRST, LLC, Intermediary Insurance Services, Inc., and the MEGA Life and Health Insurance Company, Defendants.

United States District Court, D. Massachusetts.

November 1, 2004.

Attorney(s) appearing for the Case

Richard B. Kirby, Keegan, Werlin & Pabian, LLP, Boston, MA, for Northern Kare Facilities/Kingdom Kare, LLC, Plaintiff.

Matthew E. Mitchell, Keegan, Werlin & Pabian, LLP, Boston, MA, for Northern Kare Facilities/Kingdom Kare, LLC, Plaintiff.

Richard J. Poliferno, Long and Houlden, Boston, MA, for BenefiRST, LLC, Defendant.

Stephen A. Roach, Roach & Wise, LLP, Boston, MA, for The MEGA Life and Health Insurance Company, Intermediary Insurance Services, Inc., Defendants.

Matthew P. Zayotti, Keegan, Werlin & Pabian, LLP, Boston, MA, for Northern Kare Facilities/Kingdom Kare, LLC, Plaintiff.

MEMORANDUM

TAURO, District Judge.

Plaintiff Northern Kare Facilities/Kingdom Kare, LLC ("Northern Kare") sponsored a group health care benefit plan (the "ERISA plan"), and funded it with a bank account.1 Northern Kare contracted with Defendants Intermediary Insurance Service Inc. ("Intermediary") and The MEGA Life and Health Insurance Company ("MEGA Life") to provide stop-loss insurance coverage. Stop-loss insurance protects...

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