The defendant sought summary judgment to dismiss the plaintiff's action, arguing it was statutorily barred by limitation periods and that the plaintiff failed to comply with policy timelines for notice and proof of claim.
The plaintiff opposed, asserting the action was timely based on discoverability and seeking relief from forfeiture for any non-compliance.
The court dismissed the defendant's motion, finding the evidentiary record insufficient to make definitive factual determinations regarding the date of discoverability of the disability benefits or whether relief from forfeiture should be granted.
The dismissal was without prejudice to the defendant to raise limitation period arguments at trial.
