BENNER v. NATIONWIDE MUT. INS. CO.

No. 94-1845.

93 F.3d 1228 (1996)

Charles Myron BENNER, M.D.; Patricia Gurney-Benner, M.D., individually and as Personal Representatives of the Estate of John Daniel Benner and by and on behalf of Molly Benner, a minor, Plaintiffs-Appellants, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 28, 1996.


Attorney(s) appearing for the Case

ARGUED: James H. Falk, Jr., The Falk Law Firm, Washington, D.C., for Appellants. Angus Robert Everton, Mason, Ketterman & Morgan, Baltimore, Maryland, for Appellee. ON BRIEF: James H. Falk, Sr., The Falk Law Firm, Washington, D.C., for Appellants. Charles N. Ketterman, Mason, Ketterman & Morgan, Baltimore, Maryland, for Appellee.

Before HALL and MURNAGHAN, Circuit Judges, and STAMP, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.


Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge HALL and Chief Judge STAMP joined.

OPINION

MURNAGHAN, Circuit Judge:

Following the death of their son in a car crash, Appellants Charles Myron Benner and Patricia Gurney-Benner sought payment from their insurer, Nationwide Mutual Insurance Company. When they were denied full coverage for their claims, the Benners filed a declaratory judgment action in federal district...

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