This section contains the nature of the case and procedural background.

Acquista (P) was a doctor who was diagnosed with a blood disorder, which might convert into leukemia. His treating physicians instructed him to avoid exposure to radiation. P suffers from fatigue, headaches, and diffuse muscle and joint pain. P had three disability policies, and they rejected his claims for disability. D contends that P can still perform substantial and material duties in internal and pulmonary medicine and was not totally disabled. P sued for breach, bad faith, unfair practices, fraud and fraudulent misrepresentation and negligent infliction of emotional distress. The court granted dismissal of all of P’s causes of action except one. P appealed.

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