The defendant insurer moved for summary judgment to dismiss the plaintiff's claims for short-term and long-term disability benefits, arguing the claims were statute-barred, no LTD application was submitted, policy breaches occurred, and the insurer was prejudiced by lack of medical evidence.
The court dismissed the defendant's motion, finding that the action was commenced within the applicable limitation period, adequate proof of claim for LTD benefits was submitted, and the insurer was not prejudiced.
Leave was granted to the plaintiff to amend her Statement of Claim.