Gentner

The Hotel Employees and Restaurant Employees International Union Welfare Fund, et al. (“the Fund”) appeal the district court’s dismissal of their claims against Virgil R. Gentner, an attorney representing Joseph K. Newell, a Fund beneficiary.

BACKGROUND

On April 2,1987, a car struck and severely injured Newell. At the time, Newell was a participant in Plan Unit 150 of the Fund, which provides benefits to eligible covered employees in the Las Vegas area. Neither party disputes that the Fund is a “Plan” subject to the provisions of the Employee Retirement Income Security Act (“ERISA”) 29 U.S.C. §§ 1001-1461 .

The Fund asserted in its complaint that it paid $90,544.16 of Newell’s medical expenses after the accident. In connection with this payment, the Fund required Newell to provide a statement detailing the accident and to execute a subrogation agreement. In the agreement, Newell agreed to reimburse the Fund for all expenditures it made on his behalf if he recovered any monies from the other driver or the driver’s insurer, Travelers Indemnity Insurance Company (“Travelers”).

Newell executed the agreement on July 13, 1987. Typed on the bottom of this agreement is the following…