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HANCOCK v. METROPOLITAN LIFE INS. CO.

No. 08-4161.

590 F.3d 1141 (2009)

Terri HANCOCK, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 29, 2009.

Attorney(s) appearing for the Case

Brian S. King (Marcie E. Schaap, with him on the briefs), Salt Lake City, UT, for Plaintiff-Appellant.

Jack M. Englert, Jr., Holland & Hart LLP, Greenwood Village, CO, (James L. Barnett, Holland & Hart LLP, Salt Lake City, UT, with him on the brief), for Defendant-Appellee.

Before HARTZ, HOLLOWAY, and TYMKOVICH, Circuit Judges.

HARTZ, Circuit Judge.

Terri Hancock challenges the denial by Metropolitan Life Insurance Company (MetLife) of accidental-death-and-dismemberment (AD & D) benefits for the death of her mother, Verla Hancock. Applying arbitrary-and-capricious review, the United States District Court for the District of Utah affirmed MetLife's decision. On appeal Ms. Hancock contends (1) that judicial review of MetLife's decision should be de novo because the clause of her mother...

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