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MONTOUR v. HARTFORD LIFE & ACC. INS. CO.

No. 08-55803.

588 F.3d 623 (2009)

Robert MONTOUR, an individual; Tina Montour, an individual, Plaintiffs-Appellants, v. HARTFORD LIFE & ACCIDENT INSURANCE COMPANY, a Connecticut Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 2009.

Amended November 19, 2009.

Attorney(s) appearing for the Case

Bradley P. Knypstra, Knypstra & Associates, Irvine, CA, for the plaintiffs-appellants.

Bruce D. Celebrezze, Dennis G. Rolstad (argued) and Erin A. Cornell, Sedgwick, Detert, Moran & Arnold LLP, San Francisco, CA, for the defendant-appellee.

Before: W. FLETCHER, RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges.

ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC AND AMENDED OPINION

ORDER

The opinion in this case, filed September 14, 2009, is amended by revising the first sentence of the paragraph that starts at the bottom of page 13360 of the slip opinion and extends onto page 13361. The sentence previously started:

In clarifying the standard of review, Abatie also...

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