19 Employee Benefits Cas. 1958, 95 Cal. Daily Op. Serv. 7111, 95 Daily Journal D.A.R. 12,137 Susan M. Barnes v. Independent Automobile Dealers Association of California Health and Welfare Benefit Plan, and Does 1 Through 25, Inclusive

64 F.3d 1389 19 Employee Benefits Cas. 1958 , 95 Cal. Daily Op. Serv. 7111, 95 Daily Journal D.A.R. 12 ,137 Susan M. BARNES, Plaintiff-Appellant, v. INDEPENDENT AUTOMOBILE DEALERS ASSOCIATION OF CALIFORNIA HEALTH AND WELFARE BENEFIT PLAN, and Does 1 through 25, inclusive, Defendants-Appellees. No. 93-16049. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 14, 1994. Decided Sept. 8, 1995. Stephen D. Schear, Oakland, CA, for plaintiff-appellant. William H. Leifer, Wild, Carter, Tipton & Oliver, Fresno, CA, for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before: BOOCHEVER, NORRIS, and HALL, Circuit Judges. BOOCHEVER, Circuit Judge: 1 Susan Barnes appeals from the district court's grant of summary judgment in favor of Independent Automobile Dealers Association of California Health & Welfare Benefit Plan ("the Plan"). The district court found that the subrogation clause in the Plan's benefit agreement prevented Barnes from recovering for medical expenses. We conclude that Barnes is entitled to recover for medical expenses and remand for entry of summary judgment in her favor. FACTS 2 Susan…