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MYERS v. UNITED STATES

Nos. 84-1569(L), 84-1570.

767 F.2d 1072 (1985)

Donald R. MYERS, Appellee, v. UNITED STATES of America, Office of Personnel Management; and Donald J. Devine, Director of Office Personnel Management; Defendants, and Special Agents Mutual Benefits Association, Inc., Appellant. Prudential Insurance Company of America, Amicus Curiae. Donald R. MYERS, Appellant, v. UNITED STATES of America, Office of Personnel Management; Donald J. Devine, Director of Office Personnel Management; and Special Agents Mutual Benefits Association, Inc., Appellees. Prudential Insurance Company of America, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided July 16, 1985.

Attorney(s) appearing for the Case

E. Windell McCrackin, McCrackin & Barnett, Myrtle Beach, S.C., for Donald R. Myers.

James R. Barnett, Gordon & Barnett, Washington, D.C., for Special Agents Mutual Benefit Association, Inc.

Mary E.G. Slocum, Asst. U.S. Atty., Columbia, S.C. (Henry Dargan McMaster, U.S. Atty., Columbia, S.C., Donald J. Devine, on brief), for the United States and Donald J. Devine.

Hubert B. Barnes, Associate Counsel, Fort Washington, Pa., Lewis T. Booker, L. Neal Ellis, Jr., Hunton & Williams, Richmond, Va., on brief, for amicus curiae.

Before WIDENER and WILKINSON, Circuit Judges, and CLARKE, United States District Judge for the Eastern District of Virginia, sitting by designation.

WILKINSON, Circuit Judge:

The principal issue here is whether a privately procured insurance policy covering "non-medical expenses and pain and suffering" constitutes double coverage under the terms of an exclusion clause in a government employees' health insurance policy. We conclude that recovery under the government policy is not prohibited by the double coverage exclusion.

Plaintiff Donald R. Myers, a Federal Bureau of Investigation special agent, brought...

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