for non-specific symptoms of multiple sclerosis prior to the effective date' of his disability policy, but the condition was not diagnosed until after the policy took effect. The First Circuit found both the insurance company’s and the claimant’s interpretations of the policy to be reasonable, and it therefore concluded that the pre-existing condition exclusion was ambiguous. Id. at 269-70. In particular, the ambiguity was due to the lack of clarity regarding what constitutes treatment “for” a condition. Id. at 269. Hughes notwithstanding, some courts have interpreted language similar to the pre-existing condition provision at issue in this case not to require a diagnosis of the condition. See, e.g., Bullwinkel v. New England Mutual Life Insurance Co., 18 F.3d 429 (7th Cir.1994) (<HOLDING>); Marshall v. UNUM Life Insurance Co., 13 F.3d
holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage holding that limitations on an insureds claims of negligent procurement negligent misrepresentation and violations of the insurance code and deceptive trade practices act began to run when insured purchased life insurance coverage and the discovery rule did not apply because the nature of the injury was not inherently undiscoverable holding that discovery of a breast lump before the defendants insurance coverage began triggered the preexisting condition exclusion although the lump was not definitively diagnosed as cancer until after coverage began holding that where the claimants cancer was not evident as a condition before the coverage period began and where the symptoms before diagnosis were nonspecific coverage should not be excluded under the preexisting condition clause holding that excess coverage in four policies was not triggered until primary insurer satisfied the requirements necessary to trigger the excess insurers coverage and paid the full amount of its limits