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HOFER v. UNUM LIFE INS. CO. OF AMERICA

No. 04-3430.

441 F.3d 872 (2006)

Paul F. HOFER, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 17, 2006.

Attorney(s) appearing for the Case

Richard T. Merker (James L. MowBray with him on the briefs), Wallace Saunders, Austin Brown & Enochs, Chartered, Overland Park, Kansas, for Plaintiff-Appellant.

Morris J. Nunn (Jennifer J. Coleman with him on the brief), Stinson Morrison Hecker LLP, Kansas City, MO, for Defendant-Appellee.

Before LUCERO, Circuit Judge, BRORBY, Senior Circuit Judge, and HARTZ, Circuit Judge.

HARTZ, Circuit Judge.

On August 28, 1995, UNUM Life Insurance Company of America denied Dr. Paul Hofer's claim for disability benefits. He submitted a second claim on September 22, 2001, which was denied on December 31 of that year. On January 15, 2002, Dr. Hofer filed this diversity suit in the United States District Court for the District of Kansas. See 28 U.S.C. § 1332 (granting diversity jurisdiction). Six months later UNUM reversed course and agreed...

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