Hughes v. Boston Mutual

CourtCourt of Appeals for the First Circuit
DecidedJuly 18, 1994
Docket93-2077
StatusPublished

This text of Hughes v. Boston Mutual (Hughes v. Boston Mutual) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hughes v. Boston Mutual, (1st Cir. 1994).

Opinion

USCA1 Opinion


United States Court of Appeals
United States Court of Appeals
For the First Circuit
For the First Circuit
____________________

No. 93-2077

GEORGE A. HUGHES,

Plaintiff, Appellant,

v.

BOSTON MUTUAL LIFE INSURANCE COMPANY,

Defendant, Appellee.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Douglas P. Woodlock, U.S. District Judge]
___________________

____________________

Before

Torruella and Stahl, Circuit Judges,
______________
and Carter,* District Judge.
_______________

____________________

John Silvia, Jr. with whom Long & Silvia was on brief for
__________________ ______________
appellant.
Ralph C. Copeland, with whom Copeland & Hession was on brief for
_________________ __________________
appellee.

____________________

July 18, 1994
____________________

____________________
*Of the District of Maine, sitting by designation.

STAHL, Circuit Judge. In this appeal, plaintiff-
_____________

appellant George Hughes ("Hughes") contends that the district

court erred in granting summary judgment for defendant-

appellee Boston Mutual Life Insurance Company ("Boston

Mutual") on Hughes' claim of entitlement to disability

benefits under a group insurance plan. The lower court

allowed the motion on the basis that Hughes' receipt of

medical treatment for symptoms of multiple sclerosis

triggered the "pre-existing condition" exclusion in the

insurance policy issued to Hughes by Boston Mutual. We

vacate and remand for further proceedings.

I.
I.
__

BACKGROUND
BACKGROUND
__________

Multiple sclerosis ("MS") is a grave disorder of

the nervous system. See generally Cury v. Colonial Life Ins.
___ _________ ____ __________________

Co. of America, 737 F. Supp. 847, 850 (E.D. Pa. 1990). The
_______________

cause of MS remains shrouded in mystery and a cure still lies

beyond the grasp of medical science. Symptoms of MS include

weakness, fatigue, incoordination, and
difficulty walking. Another common
symptom of multiple sclerosis is spastic
paraparesis which is a stiffness,
weakness, or spasticity in the lower
extremities. Finally, depression is very
common in multiple sclerosis patients.

Id.
___

MS "follows a slow, progressive course marked by a

history of exacerbations and remissions." Id. The disease
___

-2-
2

cannot be diagnosed with certainty during the life of the

patient. Thus, depending on the results of observation and

sophisticated testing, a physician may make a diagnosis of

"most likely," "likely [or probable]," or "possible" MS. See
___

id.
___

The circumstances leading to Hughes' claim for

disability caused by MS are relatively straightforward.

Hughes became a permanent employee of the University of

Massachusetts in November 1987, and later applied to enroll

in a group disability insurance plan available to University

of Massachusetts employees through Boston Mutual. Boston

Mutual approved the application, designating February 1, 1988

as the effective date of coverage.

The disability insurance policy ("the Policy")

contains the following language setting forth an exclusion of

coverage for disability arising from a pre-existing

condition:

This policy will not cover any total
disability:

1. which is caused or contributed to by,
or results from a pre-existing condition;
and

2. which begins in the first 12 months
after the insured's effective date ["the
probationary period"], unless he received
no treatment of the condition for 6
consecutive months after his effective
date.

"Treatment" means consultation, care or
services provided by a physician

-3-
3

including diagnostic measures and taking
prescribed drugs and medicines.

"Pre-existing Condition" means a sickness
or injury for which the insured received
treatment within 6 months prior to the
insured's effective date ["the pre-
probationary period"].

The events that occurred within each of the

relevant periods are essentially undisputed. During the pre-

probationary period (August 1, 1987 to February 1, 1988),

Hughes experienced a number of symptoms consistent with MS.

In August 1987, Hughes visited Dr. Daniel Sullivan,

complaining of numbness in both lower extremities, loss of

balance, and gastrointestinal problems. Dr. Sullivan

prescribed medication for the gastrointestinal symptoms, but

made no diagnosis of MS.

Although the record contains an unrebutted after-

the-fact diagnosis from Dr. David Dawson that Hughes was

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Anderson v. Liberty Lobby, Inc.
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737 F. Supp. 847 (E.D. Pennsylvania, 1990)

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