WEAVER v. PHOENIX HOME LIFE MUT. INS. CO.

No. 92-1196.

990 F.2d 154 (1993)

Robert D. WEAVER; Chad Weaver, Plaintiffs-Appellants, v. PHOENIX HOME LIFE MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 1, 1993.


Attorney(s) appearing for the Case

Mark Andrew Mason, Mason & Robertson, Mount Pleasant, SC, argued for plaintiffs-appellants.

Patricia L. Quentel, Buist, Moore, Smythe & McGee, P.A., Charleston, SC, argued for defendant-appellee.

Before WIDENER and HALL, Circuit Judges, and CHAPMAN, Senior Circuit Judge.


OPINION

CHAPMAN, Senior Circuit Judge:

Phoenix Home Life Insurance Company ("Phoenix Home Life") denied a portion of the benefits claimed by Robert Weaver, a participant in an employee benefit plan, and Chad Weaver, his son, also a beneficiary under the plan. On January 22, 1991, the Weavers brought an action against Phoenix Home Life in the Circuit Court for the State of South Carolina, which was subsequently removed to the United States District Court...

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