The defendant, Sun Life Assurance Company of Canada, brought a motion for summary judgment to dismiss the plaintiff's claim for short-term disability (STD) and long-term disability (LTD) benefits.
Sun Life argued that the STD claim was barred by an out-of-country exclusion in the policy, and the LTD claim was barred by a pre-existing condition exclusion.
The court found that the out-of-country exclusion did not suspend the 26-week maximum STD benefit period, thus denying further STD benefits due to the plaintiff's 16-week absence abroad.
For the LTD claim, the court held that the pre-existing condition exclusion applied, ruling that the severity of the pre-existing condition at the time coverage began was irrelevant, as long as the disability resulted directly or indirectly from it.
The motion for summary judgment was granted, dismissing both claims.
