The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's claim for long-term disability benefits on the basis that the plaintiff failed to submit a formal application for benefits.
The court found that the failure to submit a formal claim amounted to imperfect compliance rather than non-compliance, as the defendant had already adjudicated and denied the plaintiff's short-term disability claim and had notice of the long-term disability claim via a completed physician questionnaire.
The court granted the plaintiff relief from forfeiture, finding that the defendant suffered no substantial prejudice, and dismissed the defendant's motion for summary judgment.
