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BENSON v. MVP HEALTH PLAN, INC.

No. 08-055.

978 A.2d 33 (2009)

2009 VT 57

Brian BENSON as Administrator of the Estate of Alan H. Benson v. MVP HEALTH PLAN, INC.

Supreme Court of Vermont.

May 29, 2009.

Attorney(s) appearing for the Case

Amanda T. Rundle of Dakin & Benelli, P.C., Chester, for Plaintiff-Appellant.

Shapleigh Smith, Jr. and Angela R. Clark of Dinse, Knapp & McAndrew, P.C., Burlington, for Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

¶ 1. SKOGLUND, J.

Brian Benson, as administrator of Alan Benson's estate, appeals from a Windsor Superior Court order dismissing his suit against MVP Health Plan, Inc. (MVP) on statute-of-limitations grounds. We reverse and remand.

¶ 2. The relevant facts are not in dispute. Alan Benson died on October 18, 2002 after twenty-three days of hospitalization. On December 2, 2002, Brian Benson was appointed administrator of his estate. Beginning in January...

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