The plaintiff brought an action against her disability insurer for long-term disability benefits and aggravated and punitive damages following a motor vehicle accident.
The insurer had terminated benefits after the plaintiff returned to work on a graduated basis and resumed her full salary.
The court dismissed the action, finding that the plaintiff failed to meet the policy's definition of total disability for both her 'own occupation' during the initial 24-month period and 'any occupation' thereafter, as she had maintained employment.
Furthermore, the group insurance policy had been cancelled by the employer before any subsequent claim was initiated, and there was no evidence of bad faith by the insurer.
