JAMES RIVER COAL CO. MED. AND DENTAL v. BENTLEY

Civil Action No. 09-13-ART.

649 F.Supp.2d 657 (2009)

JAMES RIVER COAL COMPANY MEDICAL AND DENTAL PLANS, Plaintiff, v. Brenda K. BENTLEY, Defendant.

United States District Court, E.D. Kentucky, Southern Division, Pikeville.

July 23, 2009.


Attorney(s) appearing for the Case

John D. Kolb, Linda Helen Clare, Gibson & Sharps, PSC, Louisville, KY, for Plaintiff.

Linda Ray Magruder, Magruder Law, Louisville, KY, for Defendant.


MEMORANDUM OPINION AND ORDER

AMUL R. THAPAR, District Judge.

I. INTRODUCTION

On April 21, 2007, a dog attacked and seriously injured the minor son (hereinafter "MB") of Defendant Brenda K. Bentley. R. 1 at 2. At the time, MB's father was a participant in the James River Coal Company's self-funded qualified medical plan ("the Plan"). Id. The Plan is covered by the Employee Retirement Income Security Act of 1974 ("ERISA"). Id.; see...

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