Summary: Hassan Dek's lawsuit against The Manufacturers Life Insurance Company centered on his claim for long-term disability (LTD) benefits despite not formally applying. The court addressed whether Dek was entitled to relief from forfeiture for his application omission, whether he met the policy's definition of "totally disabled," and if he was eligible for damages for breach of contract.

Key Points:

• Relief from Forfeiture: Dek was granted relief from forfeiture due to the insurer's prior knowledge of his condition from a related short-term disability claim, acknowledging his non-compliance with formal application requirements.
• Total Disability Determination: The policy defined "totally disabled" as unable to perform duties in one's occupation for an initial period and any occupation thereafter. The court evaluated medical evidence against surveillance footage that depicted Dek engaging in activities suggesting greater physical capability than claimed.
• Court's Decision: The evidence, particularly the surveillance videos, contradicted Dek’s claims of disability. His reported limitations did not match his observed activities, leading the court to conclude he was not "totally disabled" under the terms of the policy.

Outcome: The claim for LTD benefits and damages was dismissed, with the court ruling that Dek did not satisfy the policy’s criteria for total disability. This decision emphasized the importance of consistency in self-reported disabilities and actual physical capabilities, underscoring the need for claimants to provide accurate and consistent evidence. No amount specified for costs/awards.