Hammer v. Lumberman's Mutual Casualty Co.

The plaintiff, Seymour Hammer, brought an action against the defendant, Lumberman’s Mutual Casualty Company, for its alleged failure to continue to provide lifetime disability payments in accordance with the terms of the group disability insurance policy issued to the plaintiff by the defendant. The defendant moved for summary judgment on the basis of an exclusion in the policy that limits benefits to two years if the total disability was caused by or resulted from “medical or surgical treatment.” In granting the defendant’s motion for summary judgment, the trial court held, inter alia, that…