IRON WORKERS LOCALS 40, 361 & 417 v. DINNIGAN

No. 12 Civ. 2566(PAC).

911 F.Supp.2d 243 (2012)

IRON WORKERS LOCALS 40, 361 & 417 HEALTH FUND., Plaintiff, v. Robert DINNIGAN, as Father and Natural Guardian of Amanda Dinnigan, an Infant; the Amanda C. Dinnigan Supplemental Needs Irrevocable Trust; Alan Shapey; and Lipsig Shapey Manus & Moverman, P.C., Defendants.

United States District Court, S.D. New York.

November 21, 2012.


Attorney(s) appearing for the Case

John Stackpole Groarke , Erin O. Brennan , Colleran, O'Hara & Mills LLP, Garden City, NY, for Plaintiff.

Franklin P. Solomon , Locks Law Firm, LLC, Cherry Hill, NJ, for Defendants.


OPINION & ORDER

PAUL A. CROTTY, District Judge:

This is a dispute between an employee health and welfare benefits plan, subject to the Employee Retirement Income Security Act (ERISA, 29 U.S.C. § 1002 et seq), and a plan beneficiary who has recovered plan-paid medical expenses from a third party tortfeasor. The Health Plan seeks reimbursement of the full amount of medical expenses it paid out on behalf of the beneficiary: almost $1.7 million...

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