Facts

Fidelity Security Life Insurance Company made 60 monthly disability benefit payments to insured Barbara Dunn-Leonard after she submitted a claim for disability benefits. Fidelity then filed a complaint against Dunn-Leonard seeking a declaration that it did not owe Dunn-Leonard any further benefits.

Dunn-Leonard counterclaimed for breach of contract and breach of the covenant of good faith and fair dealing.

PLAINTIFF'S CONTENTIONS:
Fidelity contended that it did not owe Dunn-Leonard any further benefits under the policy because 60 months was the "Maximum Benefit Period" specified under the policy and Dunn-Leonard was not entitled to concurrent disability benefits for her multiple medical conditions.

DEFENDANT'S CONTENTIONS:
Dunn-Leonard contended that she was entitled to receive benefits beyond the Maximum Benefit Period because she suffered from multiple, independent disabilities.

Result

The court granted Fidelity's motion for summary judgment and denied Dunn-Leonard's cross-motion for partial summary judgment, finding that Dunn-Leonard was not entitled to separate, concurrent benefit payments or to a subsequent Maximum Benefits Period.

Other Information

FILING DATE: March 4, 2015.