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SHAPS v. PROVIDENT LIFE & ACC. INS. CO.

Nos. 98-5500, 99-4028.

244 F.3d 876 (2001)

Audrey SHAPS, Plaintiff-Appellant, v. PROVIDENT LIFE & ACCIDENT INSURANCE COMPANY, Provident Life and Casualty Insurance Company, a foreign corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

DECIDED March 16, 2001

Attorney(s) appearing for the Case

Howard Scott Grossman, Grossman & Goldman, P.A., Boca Raton, FL, Edward David Schuster, Massey, Coican & Schuster L.L.C., Fort Lauderdale, FL, for Plaintiff-Appellant.

John E. Meagher, Jeffrey M. Landau, Shutts & Bowen, for Defendants-Appellees.

Before EDMONDSON and MARCUS, Circuit Judges, and RESTANI, Judge.

MARCUS, Circuit Judge:

This is an appeal of a jury verdict in favor of Defendant Provident Life and Casualty Insurance Company ("Provident Casualty") in a suit brought by Plaintiff Audrey Shaps alleging two breaches of a disability insurance contract. In a special verdict, the jury determined that Shaps was not continuously disabled within the terms of her Provident Casualty disability policy from September 10, 1990 through October 23, 1994, and thereby rejected her...

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