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HARROW v. PRUDENTIAL INS. CO. OF AMERICA

No. CIV. A. 98-2464 (JWB).

76 F.Supp.2d 558 (1999)

Debra HARROW, Administrator of the Estate of Stanley Harrow, on behalf of himself and all others similarly situated, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA; John Does No. 1-10, individually and in their fiduciary capacities as Plan Administrators of the Prudential HealthCare Plans, Defendants.

United States District Court, D. New Jersey.

December 23, 1999.

Attorney(s) appearing for the Case

Abrahams, Lowenstein, Bushman & Kauffman by Mark E. Squires, Cherry Hill, NJ, Chimicles & Tikellis by Michael D. Gottsch, Ramona Mariani, Haverford, PA, Kenneth A. Jacobsen, Media, PA, for Plaintiff.

Wilson, Elser, Moskowitz, Edelman & Dicker by James Crawford Orr, Newark, NJ, for Defendant.

OPINION

BISSELL, District Judge.

This matter is before this Court on a motion for summary judgment by defendant, Prudential Insurance Company of America ("Prudential"). Prudential argues that the plaintiff's decedent, Stanley Harrow, failed to exhaust his administrative remedies prior to instituting this lawsuit. Plaintiff filed this class action Complaint on May 21, 1998. The two-count Complaint alleges wrongful denial of benefits in violation of...

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