BAKER v. PROVIDENT LIFE & ACC. INS. CO.

No. 97-2756.

171 F.3d 939 (1999)

Thomas BAKER, Plaintiff-Appellant, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 19, 1999.


Attorney(s) appearing for the Case

ARGUED: Sara Rich Lincoln, HEDRICK, EATMAN, GARDNER & KINCHELOE, L.L.P., Charlotte, North Carolina, for Appellant. Christopher George Smith, SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P., Raleigh, North Carolina, for Appellee. ON BRIEF: Scott M. Stevenson, HEDRICK, EATMAN, GARDNER & KINCHELOE, L.L.P., Charlotte, North Carolina, for Appellant. Mark A. Ash, SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P., Raleigh, North Carolina, for Appellee.

Before WILKINSON, Chief Judge, TRAXLER, Circuit Judge, and HILTON, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.


Affirmed by published opinion. Chief Judge Wilkinson wrote the opinion, in which Judge Traxler and Chief Judge Hilton joined.

OPINION

WILKINSON, Chief Judge:

Appellant Thomas Baker challenges a denial of health care benefits by his insurer appellee Provident Life and Accident Insurance Company. Baker incurred substantial medical expenses as a result of an automobile accident in which he was driving drunk and collided with another vehicle,

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