161846P.pdf   08/03/2017  Dakotas and Western Minnesota  v.  First Agency, Inc.
   U.S. Court of Appeals Case No:  16-1846
                          and No:  16-3319
                          and No:  16-3375
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Loken, Author, with Colloton and Kelly, Circuit Judges] 
   Civil case - Insurance. Where the injured party was covered by both his 
   father's ERISA plan medical insurance and by a blanket policy covering 
   accidental injuries issued to his college by defendant First Agency, the 
   ERISA plan could bring an action under Section 502(a)(3) of ERISA seeking 
   an order enforcing the Coordination of Benefits in its ERISA plan and 
   determining that First Agency's policy provides primary coverage for the 
   medical expenses the injury party had already incurred; the ERISA plan's 
   declaratory judgment action is an equitable claim seeking remedies 
   typically available in equity and therefore available under Section 
   502(a)(3) of ERISA; the district court did not err in determining First 
   Agency's coverage was primary; the district court erred in awarding the 
   ERISA plan attorney fees as First Agency's position that ERISA should not 
   govern this dispute was not obviously wrong and its argument that the 
   ERISA plan was not entitled to declaratory judgment was virtually 
   untested. Judge Colloton, concurring the judgment.