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Hangarter v. Provident
Hangarter v. Provident Insurance Company, 373 F.3d 998 (9th Cir. 2004), (UnumProvident, now referred to as Unum or Unum Group〔Unum News Release, "(UnumProvident Corp. Now Unum Group )" (March 2, 2007)〕), is a landmark decision by the 9th Circuit Court of Appeals on the issue of disability bad faith insurance law. Because California’s bad faith insurance law is often referred to in many states as a model nationwide, the 9th Circuit’s decision has a persuasive impact throughout the country.〔The Rutter Group, "Insurance Litigation", "Federal Ninth Circuit Civil Appellate Practice", "Federal Civil Trials and Evidence"〕
==History==
After almost ten years as a successful chiropractor, Joan Hangarter purchased an individual disability insurance policy from the Paul Revere Life Insurance Company. The agent explained that even if she could still do paperwork or other work, if Mrs. Hangarter could not work as a chiropractor, the policy would cover her. The policy also provided that after she had been disabled for 90 days, future premiums would be waived while she remained disabled. Several years after purchasing the policy, Mrs. Hangarter suffered from a shoulder injury and cervical disc disease. Mrs. Hangarter's doctors concluded she was totally disabled, however, Paul Revere disputed the results. After Paul Revere terminated Mrs. Hangarter's benefits, the company attached her bank account for the insurance premiums, until the account was drained, at which point the company cancelled her policy.
Mrs. Hangarter subsequently brought a diversity action against Paul Revere, alleging violation of § 17200 of the Unfair Competition Act, breach of contract, breach of the covenant of good faith and fair dealing, and intentional misrepresentation. Magistrate Judge James Larson presided over the oral arguments by Plaintiff's attorneys Ray Bourhis, Alice Wolfson, David Lilienstein, and Daniel Smith, and Defendants' attorneys Horace Greene and Evan Tager. After eleven days of trial, a jury of six returned a unanimous verdict for Hangarter that awarded over $7.5 million, with $5 million of the verdict made up of a punitive damages award.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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