DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
181539P.pdf 07/03/2019 MBI Energy Services v. Robert Hoch
U.S. Court of Appeals Case No: 18-1539
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Gruender, Author, with Benton and Grasz, Circuit Judges]
Civil case - ERISA. The Summary Plan Description was the only document
dealing with the rights of subrogation, reimbursement and assignment, and
its provisions would be considered the Plan's written instrument; the
document clearly requires Hoch to reimburse the Plan for medical expenses
it paid and for which he later received a second recovery from the
tortfeasor; no error in dismissing his counterclaim.