GLISTA v. UNUM LIFE INS. CO. OF AMERICA

No. 03-2494.

378 F.3d 113 (2004)

Bernard J. GLISTA, Plaintiff, Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided August 11, 2004.


Attorney(s) appearing for the Case

S. Stephen Rosenfeld, with whom Mala M. Rafik and Rosenfeld & Rafik, P.C. were on brief, for appellant.

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

Mary Ellen Signorille and Melvin Radowitz on brief for American Association of Retired Persons (AARP), amicus curiae.

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


LYNCH, Circuit Judge.

Bernard Glista, who is in his mid-fifties, was diagnosed in January 2000 with Primary Lateral Sclerosis (PLS), a rare neurological disorder that arises in adults in mid to late life and causes progressive weakness in the muscles of the face, arms, and legs and eventual loss of basic motor functions such as speech and swallowing. Although long-term survival is possible, those afflicted can die within as few as three years from onset.

Glista...

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