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Before: BATCHELDER, Chief Judge; SILER and COLE, Circuit Judges.

George Kutlenios petitions for review the district court’s granting summary judgment for UnumProvident Corp. and Robert A. Correa. Kutlenios sued Unum when the company rescinded his disability insurance policy and subsequently sued Correa, the insurance broker, for negligence during the insurance application process. The district court granted Unum’s motion pursuant to the terms of the insurance contract and later granted Correa’s motion because the suit was barred by the statute of limitations. For the following reasons, we affirm the district court’s ruling on Unum’s motion and reverse the district court on Correa’s motion.

 
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