Saltarelli

Saltarelli v. Bob Baker Group Medical Trust

Good Law
35 F.3d 382·1994 WL 467300
United States Court of Appeals for the Ninth CircuitAugust 31, 1994No. 92-56252California2,364 words

Opinion

Lead Opinion

Brunetti, J.

Bob Baker Group Medical Trust appeals the district court’s adverse finding of liability in a medical insurance dispute. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

Downtown/Future Ford Health Protection Plan (“Future Ford”) and .Bob Baker Group Medical Trust (“Baker Group”) are group health plans for two sets of affiliated auto dealerships. Joseph Saltarelli worked for a Future Ford dealership until January 5,1990 and received medical coverage through the Future Ford plan. He then left Future Ford *384 and began work at a Baker Group dealership on January 8, 1990. The Baker Group plan had a three-month waiting period before coverage began on April 8. Saltarelli passed a physical exam by Baker Group’s chosen doctor on January 3, 1990.

For the interim, Saltarelli elected to continue his Future Ford coverage. Most group health plans are required to provide the opportunity to elect such continuation coverage under the terms of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 et seq. (1988), as amended by the Comprehensive Omnibus Budget Reconciliation Act of 1986 (“COBRA”), 29 U.S.C. §§ 1161 — 68, 1 and Future Ford was no exception.…

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