Court of Appeals for the Second Circuit May 12, 2000, 1999 (Paul Shapiro, Plaintiff-Appellee-Cross-Appellant v. Berkshire Life Insurance Company, Appellant-Cross-Appellee)

JACOBS, Circuit Judge:

Paul Shapiro, a licensed dentist, brought this diversity action against Berkshire Life Insurance Co. (“Berkshire”) contesting Berkshire’s denial of his claim for total disability benefits. Berkshire appeals from the judgment of the United States

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District Court for the Southern District of New York (Schwartz,

J.