Court: Sun Life provided ample time for premium-waiver challenge

Proof of claim must consist of … a description of the loss or disability; the date the loss or disability occurred; and the cause of the loss or disability.

The appellate court’s decision

The appellate court affirmed, rejecting Butler’s argument that the three-year policy limit on legal actions was unreasonable because it did not allow enough time to prove the existence of a disability as defined under the policy.  

The appellate court explained that, under the policy, the usual deadline for providing proof of a premium-waiver claim, which had to include a description of the disability, the date the disability occurred, and the cause of the disability, was 15 months. However, it continued, the policy stated that “[i]f it is not possible to give proof” within that time, “it must be given as soon as reasonably possible” and no later than “one year after the time proof is otherwise required unless the individual is legally incompetent.”

As a result, the appellate court continued, proof of claim may not be required for as long as 27 months after the employee ceased to be actively at work. Then, the employee had an additional 36 months to start a legal action based on the claim. In effect, the appellate court declared, the time period during which legal action must be initiated under the policy was as long as 63 months.

Because the policy allowed reasonable extensions of the deadline for submission of proof of claim, which in turn extended the deadline for initiation of legal action, the policy did not unreasonably constrain the time necessary to prove the existence of a disability, the appellate court held. 

Moreover, the appellate court ruled, the record did not suggest that the policy limitation period unreasonably precluded Ms. Butler from initiating a timely legal action before she “knew or reasonably should have known” that she was harmed by Sun Life’s claim denial. 

Finally, the appellate court observed that Ms. Butler had not initiated a lawsuit to challenge Sun Life’s denial of her premium-waiver claim even though she had obtained a favorable disability determination from the Social Security Administration prior to expiration of the policy deadline for starting a legal action.

The appellate court concluded that Ms. Butler’s failure to take legal action based on the favorable disability determination by the Social Security Administration undermined Mr. Butler’s argument that it should hold the policy time limit unreasonable because it did not allow enough time to obtain the information necessary to prove Ms. Butler’s disability.

The case is Butler v. Sun Life Financial (U.S.) Services Co., Inc., No. A13–0494 (Minn. Ct. App. Aug. 26, 2013). Attorneys involved include: Jeffrey R. Hannig, Hannig Law Office, P.A., Fargo, North Dakota for appellant; Hal A. Shillingstad, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Minneapolis, MN; and Tina M. Bengs, (pro hac vice), Valparaiso, IN, for respondent.

Originally published on FC&S Legal: The Insurance Coverage Law Information Center. FC&S Legal is theindustry’s ONLY single-source, comprehensive portal developed specifically for insurance coverage law professionals.To find out more, visit www.fcandslegal.com. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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