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ADZICK v. UNUM LIFE INS. CO. OF AMERICA

No. 02-3325.

351 F.3d 883 (2003)

Shirley R. ADZICK, Appellee, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 16, 2003.

Attorney(s) appearing for the Case

Terrance J. Wagener, argued, Bloomington, MN (John Harper, III, on the brief), for appellant.

Thomas Bennet Wilson III, argued, Edina, MN (Gayle Gaumer, on the brief), for appellee.

Before SMITH and HANSEN, Circuit Judges, and READE, District Judge.

SMITH, Circuit Judge.

UNUM Life Insurance Company of America ("UNUM") appeals the district court's denial of its motions for new trial and expanded findings of fact in Shirley Adzick's action to recover long-term disability insurance benefits. The district court denied the motions after concluding that UNUM's policy contained ambiguous material terms and Adzick did not fraudulently report her income. We reverse.

II. Facts

Adzick purchased...

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