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WALTERS v. MONARCH LIFE INS. CO.

Nos. 93-3232, 94-3130, 93-3249 and 94-3115.

57 F.3d 899 (1995)

Sam J. WALTERS, D.C., Plaintiff/Counter-Defendant/Appellee/Cross-Appellant, v. MONARCH LIFE INSURANCE COMPANY, Defendant/Counter-Claimant/Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

June 6, 1995.

Attorney(s) appearing for the Case

Lee M. Smithyman (David J. Roberts and Richard W. Hird, with him on the brief), Overland Park, KS, for defendant/counter-claimant/appellant/cross-appellee.

W. James Foland (Thomas A. Sheehan, with him on the brief), Kansas City, MO, for plaintiff/counter-defendant/appellee/cross-appellant.

Before EBEL, Circuit Judge, BRIGHT and McWILLIAMS, Senior Circuit Judges.

BRIGHT, Senior Circuit Judge.

Sam J. Walters, a chiropractor and nutritionist, brought this breach of contract action against Monarch Life Insurance Company ("Monarch") after Monarch declined to continue to pay monthly benefits under two disability type policies. Monarch discontinued Walters' benefits on grounds that Walters had wrongfully claimed disability benefits and that as of the time of termination of benefits, September 4, 1991, Walters had not been disabled...

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