United States First Circuit

Defendant's denial of plaintiff's claim for long-term disability benefits on the ground that his disability was a pre-existing condition excluded from coverage was neither reasonable nor supported by the evidence.

Appellate Information

• Decided 08/11/2004
• Published 08/11/2004

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, ROSENN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• S. Stephen Rosenfeld, with whom Mala M. Rafik and Rosenfeld & Rafik, P.C. were on brief, for appellant., Mary Ellen Signorille and Melvin Radowitz on brief for American Association of Retired Persons (AARP), amicus curiae.


• For Appellees:
  
• Geraldine G. Sanchez, with whom Byrne J. Decker and Pierce Atwood were on brief, for appellee.