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MOWERS v. PAUL REVERE LIFE INS. CO.

Docket Nos. 98-9616, 98-9664

204 F.3d 372 (2000)

Howard T. MOWERS, Plaintiff-Appellee-Cross-Appellant, v. The PAUL REVERE LIFE INSURANCE CO., also known as Paul Revere Insurance Company, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 28, 2000.

Attorney(s) appearing for the Case

John P. Speer, Little Falls, NY, for Plaintiff-Appellee-Cross-Appellant.

Matthew E. Hamlin, Kernan & Kernan, P.C., Utica, NY, for Defendant-Appellant-Cross-Appellee.

Before: LEVAL and SOTOMAYOR, Circuit Judges, and POLLACK, District Judge.

LEVAL, Circuit Judge:

Defendant The Paul Revere Life Insurance Company appeals from a decision of the United States District Court for the Northern District of New York (David N. Hurd, Magistrate Judge), inter alia, granting summary judgment in favor of the plaintiff Howard T. Mowers on his claim of breach of the terms of his disability insurance policy. The District Court held that the plaintiff's failure to attend medical examinations scheduled by the defendant...

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