The plaintiff sued his disability insurer for long-term disability benefits.
The insurer brought a motion for summary judgment to dismiss the action, arguing that a $314,843 settlement the plaintiff received from his former employer upon termination was fully deductible from his LTD benefits under the policy.
The court dismissed the motion, finding that the nature and component parts of the settlement package were unclear from the documentary record.
The court concluded there was a genuine issue requiring a trial to determine whether the settlement funds constituted income replacement or disability payments subject to deduction.
