Court of Appeal confirms that insurer acted in bad faith.
On November 17, 2015, the Nova Scotia Court of Appeal upheld awards of both aggravated and punitive damages against a long-term disability insurer, but reduced the aggravated damages to $90,000, and reduced the punitive damages to $60,000, in Industrial Alliance v Brine, 2015 NSCA 104. On June 18, 2014, the Supreme Court of Nova Scotia held, at 2014 NSSC 219, that the long-term disability insurer Industrial Alliance Insurance and Financial Services Inc. (“Industrial”) must account for years of unfair treatment of its insured, Bruce Brine. The court ordered Industrial to pay...
read more$60,000 for chronic back injury.
On November 16, 2015, the BC Supreme Court assessed damages for lingering injuries caused by two vehicle collisions. In Ali v. Rai, 2015 BCSC 2085, the plaintiff was involved in two collisions in 2011. He was found faultless for both. The collisions caused a lingering back injury which remained symptomatic at the tie of trial and the symptoms were expected. The Court found both collisions caused the injury and it was indivisible. In assessing non-pecuniary damages at $60,000 Madam Justice Duncan provided the following reasons: [134] On the whole of the evidence, I find the plaintiff suffered...
read more$60,000 for soft tissue injury with headaches.
On November 10, 2015, the BC Supreme Court awarded non-pecuniary damages of $60,000 for chronic soft tissue injuries with associated headaches. In Hinder v. Yellow Cab Company Ltd., 2015 BCSC 2069, the plaintiff was involved in an intersection collision. The defendant denied liability but was found fully at fault at trail. The plaintiff suffered a variety of soft tissue injuries, some of which resolved. She continued to have neck symptoms with associated headaches at the time of trial (some five years later) which were expected to linger into the future. In assessing non-pecuniary damages at...
read moreLong Term Disability Insurance – common questions.
Q.What is long-term disability insurance? A. Long-term disability (LTD) insurance is designed to provide replacement income should you become disabled from work. Often, LTD coverage is bundled together with short-term disability coverage (which may cover, for example, only the first six months of disability) under a group insurance plan provided through your employer. If you have a private life or accident and sickness policy, you may have LTD coverage as well. Q. What types of disability are covered? A. Coverage varies from policy to policy, but generally speaking, LTD policies cover any...
read moreWhat to do if you have a disability claim.
Disability insurance policies are ‘peace of mind’ contracts that pay you a portion of your lost income if you become “disabled” from working as a result of illness or injury. These can be individual/private plans or policies (paid for privately by the person wishing to be insured) or group plans or policies (paid as part of your employment package). The contract or policy will set out the definition of disability. Contractual definitions are always open to interpretation. Generally you will qualify for benefits if you are not able to do all, or substantially all, of the duties of your...
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