The plaintiff's employment was terminated, which immediately ended his long-term disability (LTD) coverage under the employer's group policy.
Two months later, he became totally disabled in a motor vehicle accident.
The employer inadvertently continued paying LTD premiums, and the insurer initially denied the claim based on lack of total disability and late filing, while reserving the right to investigate eligibility.
The plaintiff argued the insurer waived the termination date of the policy.
The court dismissed the action, finding no waiver because the insurer lacked full knowledge of the termination and did not unequivocally intend to relinquish its right to rely on the policy's termination clause.