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TWOHEY v. LINCOLN NAT. LIFE INS. CO.

No. 00-16514.

273 F.3d 817 (2001)

Teresa TWOHEY, individually and as Special Administrator of the Estate of William R. Twohey, deceased, individually and on behalf of all persons similarly situated, Plaintiff-Appellant, v. LINCOLN NATIONAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2001.

Attorney(s) appearing for the Case

Douglas K. deVries, Mart & deVries, Sacramento, California, for the plaintiff-appellant.

John M. Grenfell and Stephen Stublarec, Pillsbury Winthrop LLP, San Francisco, California, for the defendant-appellee.

Before: GOODWIN, WALLACE and THOMAS, Circuit Judges.

GOODWIN, Circuit Judge:

Plaintiff Teresa Twohey appeals the summary judgment against her class action alleging that, under California Insurance Code Section 10369.6, insurer Lincoln National Life Insurance ("Lincoln") improperly reduced disability benefits paid to her late husband, a Lincoln group policyholder. We are asked to decide an issue of first impression in this circuit: whether California Insurance Code Section 10369.6 applies to group disability insurance...

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