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Where a plaintiff has asserted a breach of contract claim over disability benefits, the plaintiff’s breach of contract claim is time-barred for any benefit period earlier than Dec. 12, 2016, but there is a triable breach of contract claim for damages arising from any unjustified delay by the defendant insurer in granting benefits. “Presently before ....
Where a plaintiff has filed a complaint to recover long-term disability benefits, the defendants should be awarded summary judgment because the plaintiff did not provide sufficient evidence that his chronic pain rendered him unable to perform the duties of any gainful occupation for which he is reasonably fitted by education, training or experience. “Plaintiff Daniel ....