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GILBERT v. MEDICAL MUT. OF OHIO CO.

Civil Action No. 6:08-cv-00953.

666 F.Supp.2d 625 (2009)

Terrence GILBERT, et al., Plaintiffs, v. MEDICAL MUTUAL OF OHIO COMPANY, et al., Defendants.

United States District Court, S.D. West Virginia, Parkersburg Division.

October 30, 2009.

Attorney(s) appearing for the Case

C. Edward McDonough, Todd S. Wiseman, Wiseman Law Firm, Vienna, WV, for Plaintiffs.

Christopher S. Williams, Laura C. McBride, Calfee Halter & Griswold, Cleveland, OH, Robert J. Kent, Bowles Rice McDavid Graff & Love, Parkersburg, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court are the parties' cross motions for summary judgment [Docket 37 and 39]. I DENY the cross motions and REMAND the claim to the plan administrator for further development.

I. BACKGROUND

Plaintiffs Terrence and Mary Gilbert assert that their health insurer, defendant Consumers...

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