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SUTTON v. HEARTH & HOME DISTRIBUTORS, INC.

Civ. No. L-92-2827.

881 F.Supp. 210 (1995)

Rob Joseph SUTTON v. HEARTH & HOME DISTRIBUTORS, INC. EMPLOYEE BENEFIT PLAN, et al. v. AMERICAN PIONEER LIFE INS. CO., et al.

United States District Court, D. Maryland.

March 31, 1995.

Attorney(s) appearing for the Case

Robert Earl Wilson, Upper Marlboro, MD, and E. James Thompson, Jr., Baltimore, MD, for plaintiff.

Helene Victoria Hedian, Randolph C. Knepper, Marleen B. Miller and Stanford G. Gann, Jr., Baltimore, MD, for defendants; Mitchell H. Stabbe, Washington, DC, for third-party defendant American Pioneer Life Ins. Co.; Carol Saffran-Brinks, Baltimore, MD, for third-party defendant Standard Sec. Life Ins. Co. of New York.

MEMORANDUM

LEGG, District Judge.

This case arises from defendants' refusal to reimburse plaintiff Robert Sutton for medical expenses he incurred as a result of a tragic diving accident. While Hearth & Home's benefit plan approved payment for disability benefits, it denied Sutton's claim for reimbursement for medical benefits based on a clause in the plan which exempted medical expenses "arising out of an accident or illness due to the use or misuse...

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