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ZURICH AMERICAN INS. CO. v. O'HARA

No. 08-16875.

604 F.3d 1232 (2010)

ZURICH AMERICAN INSURANCE COMPANY, in its capacity as Administrator of the Zurich Medical Plan, Plaintiff-Appellee, v. Keith O'HARA, Ross & Pines LLC, as trustee of the Keith O'Hara Full Compensation Fund, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 26, 2010.

Attorney(s) appearing for the Case

Charles Madden Cork, III, Macon, GA, for Defendants-Appellants.

Tiffany Delome Downs, Ford & Harrison, LLP, Atlanta, GA, Alexander P. Ryan, Edward A. Scallet, Thomas F. Fitzgerald, Groom Law Group, Chartered, Washington, DC, for Plaintiff-Appellee.

Before DUBINA, Chief Judge, and BIRCH and BLACK, Circuit Judges.

BIRCH, Circuit Judge:

Zurich American Insurance Company ("Zurich"), the sponsor and fiduciary of the Zurich Medical Plan ("the Plan"), filed suit pursuant to section 502(a)(3) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(3), against Keith O'Hara, seeking reimbursement for medical expenses the Plan had paid on O'Hara's behalf after O'Hara was injured in an automobile collision. The district court granted summary judgment in favor...

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