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MAKAR v. HEALTH CARE CORP. OF MID-ATLANTIC

No. 88-2526.

872 F.2d 80 (1989)

Dorothy T. MAKAR; Anthony L. Makar, her husband, Plaintiffs-Appellants, v. HEALTH CARE CORPORATION OF the MID-ATLANTIC (CAREFIRST); Provident Life & Accident Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1989.

Attorney(s) appearing for the Case

Gerald Francis Gay (Richard R. Beauchemin, Arnold, Beauchemin & Tingle, P.A., Baltimore, Md., on brief), for plaintiffs-appellants.

Gregory Lee VanGeison (Frank J. Vecella, Anderson, Coe & King, on brief); Thomas E. Lynch, III, Baltimore, Md., (Carol A. O'Day, Miles & Stockbridge, Baltimore, Md., on brief), for defendants-appellees.

Before HALL and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

WILKINSON, Circuit Judge:

The question here is whether claimants under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., must pursue the remedies provided by employee benefit plans in which they participate before bringing an ERISA action for denial of benefits. We hold that appellants must exhaust such remedies. We vacate the judgment of the district court in favor of defendants and remand the case for dismissal without...

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