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FORTIER v. PRINCIPAL LIFE INS. CO.

No. 10-1441.

666 F.3d 231 (2012)

Kenneth FORTIER, Plaintiff-Appellant, v. PRINCIPAL LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2012.

Attorney(s) appearing for the Case

ARGUED: Andrew O. Whiteman , Hartzell & Whiteman, LLP, Raleigh, North Carolina, for Appellant. Stirman Russell Headrick , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Knoxville, Tennessee, for Appellee. ON BRIEF: Jennifer P. Keller , Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Johnson City, Tennessee, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge WILKINSON joined. Judge FLOYD wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

After Dr. Kenneth Fortier became medically disabled, he closed his practice, Fortier Obstetrics & Gynecology, PLLC, and applied for disability benefits from Principal Life Insurance Company, which had issued short-term and long-term group disability policies to the practice. The policies provide that an insured who is disabled is entitled to receive 60% of his predisability earnings, capped at $1,500 per week for short...

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