Kolbe & Kolbe Health & Welfare Benefit Plan v. The Medical College of Wisc.

Dist. Ct. did not err in dismissing plaintiff-welfare benefit plan's ERISA claim seeking to recover amounts it paid to defendants on behalf of dependent of covered person where plaintiff subsequently determined that child was not covered under said plan. Terms of plan permitted recovery only for payments made on behalf of covered persons, and plaintiff insisted that child was not covered under plan. As such, plaintiff pleaded itself out of any recovery under section 502(a)(3) of ERISA and also could not prevail under any federal common law theory under ERISA. However, Dist. Ct. erred in finding that plaintiff's state-law breach of contract claims were preempted by ERISA where resolution of claims did not require review of plan.