O'Brien v. Sun Life Assurance Co. of Canada

CRIST, Judge.

Claim for benefits under disability insurance policy.

Thomas O’Brien, plaintiff/appellant, suffered a heart attack and was unable to work for ten months. He initiated this suit, claiming benefits under a disability insurance contract he entered into with Sun Life Assurance Company, defendant/respondent. Defendant contested plaintiff’s right to benefits under the policy and filed a counterclaim for declaratory judgment that the policy was void.

Defendant contends the illness first manifested itself when the policy had lapsed and had not yet been reinstated, plaintiff did not comply…