Marshall Jenkins v. Montgomery Industries, Incorporated Carolina Benefit Administrators, Incorporated
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge MICHAEL and Senior Judge MICHAEL joined.
OPINION
MURNAGHAN, Circuit Judge:
Marshall Jenkins, as an employee at a South Carolina warehouse owned by Montgomery Industries, Inc., was covered by the company’s employee benefit and health care plan, 1 which was subject to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. Under the Plan, a claim related to medical treatment for any loss sustained while the claimant was intoxicated is excluded from coverage. Jenkins sought coverage for…
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