The defendant insurer brought a motion for partial summary judgment seeking a declaration that it is entitled to deduct $46,915.85 in Income Replacement Benefits (IRBs) previously received by the plaintiff from any Long Term Disability (LTD) benefits that may become payable.
The plaintiff argued that the IRBs were largely for periods where no LTD benefits were payable and that her accident benefits insurer had already offset prospective LTD benefits when calculating her IRBs.
The court dismissed the motion, finding that the evidentiary record was deficient on both sides and that interpreting the LTD policy in light of the disputed factual matrix constituted a genuine issue requiring a trial.
