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HENRY v. HOME INS. CO.

No. CV 94-4155 AWT.

907 F.Supp. 1392 (1995)

H. David HENRY, Plaintiff, v. The HOME INSURANCE COMPANY, etc., et al., Defendants.

United States District Court, C.D. California.

December 6, 1995.

Attorney(s) appearing for the Case

Francis A. Sparagna, Sparagna, Sparagna & Ferrone, Encino, California, for Plaintiff H. David Henry.

Hugh H. Helm, Susan G. Wells, Galton & Helm, Los Angeles, California, for Defendant The Home Insurance Company.

MEMORANDUM OPINION

TASHIMA, District Judge.

This is an action to recover benefits under a plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. Defendant The Home Insurance Company ("Home"), has moved for summary judgment. For the reasons stated below, Home's motion will be denied and the action remanded for reevaluation of Henry's claim in a manner consistent with this opinion.

BACKGROUND...

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