United States First Circuit

Where the recurrent disability provisions of the long-term disability policy under which the plaintiff was covered were silent as to whether his disability should be treated as new or continuation of a prior disability, it was unreasonable for insurer to classify the recurrent condition as a new disability, and its calculations regarding insured's status and benefits thereafter were also unreasonable.

Appellate Information

• Decided 04/02/2002
• Published 04/02/2002

Judges

• STAHL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Graydon G. Stevens, with whom Kelly, Remmel & Zimmerman, was on brief, for appellant.


• For Appellees:
  
• Ronald W. Schneider, with whom Patricia A. Peard and Bernstein, Shur, Sawyer & Nelson, were on brief, for appellee.