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KUNIN v. BENEFIT TRUST LIFE INS. CO.

No. CV 87-3715-IH.

696 F.Supp. 1342 (1988)

Daniel KUNIN, Plaintiff, v. BENEFIT TRUST LIFE INSURANCE COMPANY, Defendant.

United States District Court, C.D. California.

September 19, 1988.

Attorney(s) appearing for the Case

Gage, Mazursky, Schwartz, Angelo & Kussman by Richard H. Rabkin, Beverly Hills, Cal., for plaintiff.

Booth, Mitchel & Strange by Robert F. Keehn, Los Angeles, Cal., for defendant.

OPINION

IRVING HILL, District Judge.

In this opinion the Court, in an apparent case of first impression, decides that autism is not a "mental illness" within the meaning of an exclusionary clause in a group health and medical insurance policy.

FACTS

Jurisdiction of the Court is invoked under ERISA (29 U.S.C. § 1132). In 1986, plaintiff Daniel Kunin was covered under a group health and...

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