The defendant insurance company brought a motion for summary judgment to dismiss the plaintiff's claim for long term disability benefits.
The insurer denied the claim based on a pre-existing condition exclusion, arguing the plaintiff only became eligible for coverage after a three-month waiting period following his transition to full-time employment.
The plaintiff argued he was not subject to the waiting period.
The court found the policy clearly defined an employee as permanent and full-time, and the plaintiff's own discovery evidence confirmed he understood his eligibility date.
The court granted summary judgment for the defendant and dismissed the action.