No. 04-2628.

407 F.3d 967 (2005)

John A. DOWDLE, Jr., M.D., Appellee, v. NATIONAL LIFE INSURANCE COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2005.

Attorney(s) appearing for the Case

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

Kurtis A. Greenley, argued, Minneapolis, MN, for appellee.

Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.

RILEY, Circuit Judge.

John A. Dowdle, Jr., M.D. (Dr. Dowdle), an orthopedic surgeon, brought this diversity action against National Life Insurance Company (National Life), seeking a declaratory judgment determining Dr. Dowdle is entitled to total disability benefits under the terms of his disability policies with National Life. After National Life removed the action to federal court, the parties cross-moved for summary judgment. The

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