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Insurer's summary judgment motion dismissed; genuine issues existed regarding total disability from workplace harassment.
The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's claim for long-term disability benefits, mental distress, and punitive damages.
The plaintiff alleged she was totally disabled due to psychiatric and psychological problems caused by workplace harassment from a co-worker.
The insurer argued the plaintiff was not medically disabled but merely unable to work around her harasser.
The court dismissed the motion, finding that genuine issues requiring a trial existed regarding whether the plaintiff met the test for total disability and whether there was a reasonable cause of action for mental distress and punitive damages.
