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HANGARTER v. PROVIDENT LIFE AND ACC. INS. CO.

No. 02-17423.

373 F.3d 998 (2004)

Joan HANGARTER, Plaintiff-Appellee, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant, and The Paul Revere Life Insurance Company; UnumProvident Corp., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2004.

Attorney(s) appearing for the Case

Horace W. Green, San Francisco, CA; Evan M. Tager, Washington, DC (argued); Christopher C. Wang, Washington, DC, for the defendants-appellants.

Ray Bourhis, San Francisco, CA; Alice Wolfson, San Francisco, CA; Daniel U. Smith, Kentfield, CA (argued), for the plaintiff-appellee.

Before: GOODWIN, TASHIMA, and CLIFTON, Circuit Judges.

CLIFTON, Circuit Judge:

Joan Hangarter, a chiropractor who operated her own business, obtained an "own occupation" disability insurance policy in 1989 from Paul Revere Life Insurance Company. She filed a claim for total disability in July 1997 based on shoulder, elbow, and wrist pain. Paul Revere paid Hangarter benefits for an eleven-month period and then terminated her benefits based upon the opinion of its medical examiners and claim investigators that Hangarter...

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