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SWEEM v. AMERICAN FIDELITY LIFE ASSUR. CO.

No. S-06-870.

739 N.W.2d 442 (2007)

274 Neb. 313

Diane C. SWEEM, Appellant v. AMERICAN FIDELITY LIFE ASSURANCE COMPANY, a corporation, Appellee.

Supreme Court of Nebraska.

October 5, 2007.

Attorney(s) appearing for the Case

Richard J. Schicker, Omaha, for appellant.

William M. Lamson, Jr., and Craig F. Martin, of Lamson, Dugan & Murray, L.L.P., Omaha, for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

American Fidelity Life Assurance Company (American Fidelity) discontinued benefits it had been paying to Diane C. Sweem under a group disability income policy, based upon its determination that Sweem was employable in some capacity and therefore no longer totally disabled under the terms of the policy. Sweem, contending that she is still totally disabled and unable to work, brought this action for benefits under the policy and other relief based on multiple...

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