TOUPAL

v.

TOUPAL

Citator

Cited By

• Provident Life & Accident Ins. Co. v. Prichard, 636 So. 2d 731 (Fla. 4th DCA 1993)
  …s. [*734] While it is undisputed that Provident did not obtain such agreement from the minor’s father, it nevertheless paid out benefits on behalf of the minor. In Provident Life & Accident Ins. Co. v. Waller, 906 F. 2d 985 (4th Cir.), cert. denied, 498 U.S. 982, 111 S.Ct. 512, 112 L.Ed.2d 524 (1990), the Fourth Circuit interpreted a comparable policy provision and determined that the equitable theory of unjust enrichment applied to effectuate the clear intent of Provident’s policy to avoid the insured’s re…
• Whitworth Bros. Storage Co. v. Central States, 982 F.2d 1006 (6th Cir. 1993)
  …r the employers who contribute to them. 954 F. 2d at 305. For example, Provident Life & Accident Ins. Co. v. Waller is a case in which equitable principles were applied to the benefit of the pension fund. 906 F. 2d 985, 990 (4th Cir.), cert. denied, 498 U.S. 982, 111 S.Ct. 512, 112 L.Ed.2d 524 (1990). In Waller, a self-funded employee benefit plan advanced money to an employee after an auto accident. The employee later recovered damages from a third party, but refused to reimburse the benefit plan for the…
• Liberty Corp. v. NCNB Nat'l Bank OF S.C. for the Est. of John M. Bristow, 984 F.2d 1383 (4th Cir. 1993)
  …, 498 U.S. at 52, 111 S.Ct. at 403, we held that the statute was preempted by ERISA because it interfered with the Plan’s subrogation rights. Id. at p. 6; see also Provident Life & Accident Ins. Co. v. Waller, 906 F. 2d 985 (4th Cir.), cert. denied, 498 U.S. 982, 111 S.Ct. 512, 112 L.Ed.2d 524 (1990); Baxter ex rel. Baxter v. Lynn, 886 F. 2d 182 (8th Cir.1989). The majority distinguishes Hampton, arguing that in this case the wrongful death recovery was for the benefit of Bristow’s beneficiaries, and, unde…

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