In an ERISA action claiming that a health plan administrator failed to assure adequate funding of the plan to pay all submitted medical claims, judgment for defendant is affirmed where plaintiff failed to establish that it was more likely than not that defendant’s breaches caused the under-funding of the plan.

Read Holdeman v. Devine, No. 07-4235

Appellate Information

Filed July 21, 2009

Judges

Opinion by Judge Ebel

Counsel

For Appellant:

Brian S. King, Salt Lake City, UT

For Appellee:

Michael W. Homer, Suitter Axland, PLLC, Salt Lake City, UT

Carl F. Huefner, Suitter Axland, PLLC, Salt Lake City, UT

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