Breitwieser

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALBERT BREITWIESER, No. 2:21-cv-00568-DJC-KJN Plaintiff, v. ORDER VAIL CORPORATION, Defendant. 16 Plaintiff Albert Breitwieser brought the present action under the Employee Retirement Income Security Act (“ERISA”) based on a denial of health care benefits by Defendant Vail Corporation. Presently before the Court is Defendant’s Motion for Summary Judgment. (ECF No. 14). For the reasons stated below, Defendant’s Motion for Summary Judgment is GRANTED. BACKGROUND This case concerns a head injury that Plaintiff Breitwieser suffered in his home, which required that he seek care in the emergency room. The Plaintiff is employed by Defendant Vail Corporation, which provides health insurance to the Plaintiff. Vail, through the plan administrator UMR, Inc., refused to pay for most of the emergency care Plaintiff received on the basis that he was intoxicated at the time of the injury.…