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treatments. Mr. Cotler worked hard to achieve success and hoped
to find a cure that would allow him to continue his business.
In order to keep the firm operational, Mr. Cotler began
lending the firm money in 1996. At the end of 1996, the balance
of Mr. Cotler’s loan to the firm was $5,027. As Mr. Cotler’s
health deteriorated, he was unable to work and had to lend more
money to the firm. By the end of 1997, the firm owed Mr. Cotler
$74,934. By the end of 1998, the firm owed Mr. Cotler $177,770.
As of the date of trial, Mr. Cotler’s condition had not improved.
Mr. Cotler closed the firm in 2000 and subsequently filed for
bankruptcy. Mr. Cotler expects never to work in his profession
again.
Mr. Cotler filed a long-term disability claim with Standard
on April 8, 1997. On the disability claim application, Mr.
Cotler stated that he paid 100 percent of the premiums. Standard
declared Mr. Cotler disabled and waived premiums on the policy,
in August 1997. The total amount of Standard premiums
attributable to Mr. Cotler in 1997 was $567.
From approximately 1994 until 2000, Mr. Cotler employed
Arline Marlane as an outside bookkeeper for the firm. Ms.
Marlane wrote all the checks for the firm, completed the payroll
tax returns, and reconciled bank statements. After each check
was written, the amount of the check would then be entered into a
specific column, representing a particular expense category. The
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