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METROPOLITAN INS. COMPANIES v. SMITH

731 S.W.2d 1 (1987)

METROPOLITAN INSURANCE COMPANIES, Appellant, v. Claude P. SMITH, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court June 23, 1987.

Attorney(s) appearing for the Case

William J. Toppeta, John L. Viola, New York City, Jack T. Page, Pikeville, for appellant.

W. Sidney Trivette, Pikeville, for appellee.

Before HOWERTON, C.J., and COMBS and HAYES, JJ.

HOWERTON, Chief Judge.

Metropolitan Insurance Companies (Metropolitan) appeals from a decision of the Pike Circuit Court which remanded Smith's claim for disability benefits to Metropolitan for another review. We disagree and reverse.

Claude Smith was an employee of Robert Coal Company. As such, Smith was covered under an insurance plan which is a welfare benefit plan under the Employee Retirement Income Security Act (ERISA). The insurance plan provides, among...

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