The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's claims for general damages, a catastrophic impairment designation, and income replacement benefits arising from a motor vehicle accident.
The court granted summary judgment dismissing the claims for general damages and catastrophic impairment, finding no evidence to support the bad faith claim and no expert evidence establishing that the plaintiff met the statutory definition of catastrophic impairment.
However, the court dismissed the motion regarding income replacement benefits, finding that conflicting medical evidence about whether the plaintiff's seizure disorder and cognitive decline were caused by the accident or a pre-existing condition created a genuine issue requiring a trial.
