Huggett

MEMORANDUM

Phoenix Home Life Mutual Insurance Company (Phoenix) appeals from a judgment entered against it after a two-day bench trial. The district court had jurisdiction pursuant to 28 U.S.C. § 1332 (a). We have jurisdiction over this timely filed appeal pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand.

Phoenix first contends that the district court erred in determining that Huggett is “totally disabled” under the terms of her disability insurance policy and, therefore, is entitled to receive disability benefits. Phoenix argues that Huggett merely shifted duties, continuing to work as a professional nurse for the same employer, in the same location, at the same salary. Thus, she merely changed “jobs” within her “occupation,” and is not “totally disabled” and entitled to collect on her policy. The district court determined that because Huggett is “unable to perform the substantial and material duties of her regular oeeupa *794 tion of surgical nurse due to severe stress,” she is “totally disabled” and entitled to receive benefits under the policy.

In order to receive benefits under the Phoenix disability policy, Huggett had to establish that she…