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GARCIA v. BERKSHIRE LIFE INS. CO. OF AMERICA

No. 08-1022.

569 F.3d 1174 (2009)

Tina GARCIA, Plaintiff-Appellant, v. BERKSHIRE LIFE INSURANCE COMPANY OF AMERICA, a wholly owned subsidiary of The Guardian Life Insurance Company of America, and The Guardian Life Insurance Company of America, a foreign insurance company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 10, 2009.

Attorney(s) appearing for the Case

Bennett Cohen, Polsinelli, Shughart P.C., Denver, CO (Jon Hertzog, Attorney at Law, Colorado Springs, CO and Jeff Nobel, Attorney at Law, Denver, CO, with him on the briefs) for Plaintiff-Appellant.

Rachel A. Yates, Holland & Hart, LLP, Greenwood Village, CO (Michael S. Beaver, Holland & Hart, LLP, Greenwood Village, CO and Marcy G. Glenn, Holland & Hart, LLP, Denver, CO, with her on the briefs) for Defendants-Appellees.

Before O'BRIEN, ANDERSON and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

In 2004, Tina Garcia filed this action against her insurer, seeking payment of benefits under a disability policy. Over the course of the litigation, the district court concluded that Ms. Garcia "willfully, knowingly, [and] intentionally" fabricated a number of discovery documents in an effort to win her case. Mag. Op. 15; Dist. Ct. Op. 12-14. As a result, in addition to granting Berkshire's motion for summary judgment on the merits, the...

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