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JOHNSON v. AMERICAN UNITED LIFE INS. CO.

No. 12-1381.

716 F.3d 813 (2013)

Angela JOHNSON, Plaintiff-Appellant, v. AMERICAN UNITED LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 24, 2013.

Attorney(s) appearing for the Case

ARGUED: Gavin James Reardon , Rossabi Black Slaughter, PA, Greensboro, North Carolina, for Appellant. Elizabeth J. Bondurant , Smith Moore Leatherwood, LLP, Atlanta, Georgia, for Appellee. ON BRIEF: T. Matthew Creech , Smith Moore Leatherwood, LLP, Greensboro, North Carolina, for Appellee.

Reversed and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge FLOYD and Judge THACKER joined.

OPINION

TRAXLER, Chief Judge:

Richard Johnson ("Richard") participated in an employee welfare benefit plan ("the Plan") that provided life insurance and accidental death and dismemberment ("AD & D") benefits through group policies issued by American United Life Insurance Company ("AUL"). When Richard died in a singlevehicle crash, his widow Angela Johnson ("Johnson") received life insurance benefits, but AUL, which also served as administrator for the...

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