SAN FRANCISCO – An insurer alleges that a Concord man owes it proceeds he received from a settlement.
Board of trustees of the National Elevator Industry Health Benefit Plan filed a complaint on Jan. 13 in the U.S. District Court for the Northern District of California against Gabriel Lange citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiff alleges that it paid medical benefits under ERISA in the amount of $30,708.25 for injuries that the defendant sustained in an automobile accident on Dec. 30, 2012. The suit states that when the defendant received the settlement claim, he kept the proceeds to himself and did not reimburse the plaintiff.
The plaintiff holds Lange responsible because the defendant allegedly breached the terms of the plan and ERISA, and failed to reimburse plaintiff amount owed from the proceeds of the settlement according to the terms of the plan.
The plaintiff requests a trial by jury and seeks judgment in their favor, constructive trust and/or an equitable lien, enjoin defendant from disposing funds to impair recovery, attorney's fees, costs and further equitable relief. It is represented by Michael A. Karatov of Gibson Kolb PLC in San Ramon.
U.S. District Court for the Northern District of California Case number 4:17-cv-00186