Critical Illness Insurance

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Travel Insurance

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Insurer has 6 years to sue insured.

On November 28, 2012, in Sun Life Assurance Co. of Canada v. Catalano, [2012] B.C.J. No. 2566,British Columbia Supreme Court dismissed an application by an insured under a long term disability policy (“Catalano”) to dismiss an action by the disability insurer (“Sun Life”) seeking to recover insurance monies under a reimbursement agreement. The Court held that the applicable limitation period was six years. Catalano worked for Teck Cominco Metals Ltd. until February 2003. He became disabled and was provided long term disability benefits under a group policy...

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ICBC’s expert given “very little weight” for failure to examine.

The failure of a doctor to examine a plaintiff is not, in and of itself, a barrier to the physician from providing opinion evidence to the BC Supreme Court. However, often little weight is attached to a doctor’s opinion in such circumstances. This was demonstrated in Rizzotti v. Doe, 2012 BCSC 1330,  the plaintiff suffered psychological injuries in a serious collision in which the offending motorist died. At trial the plaintiff tendered expert evidence addressing the extent of her injuries. The defendant tendered a report from a psychiatrist, Dr. Levin, who disagreed with the plaintiff’s...

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Insurer pays $100,000 punitive damages for alleging fraud.

On June 22, 2012, the Ontario Superior Court of Justice awarded $100,000 in punitive damages against an insurer for alleging fraud against its insured in respect of a fire loss in circumstances which the Court described as a “high-stakes litigation strategy”. Brandiferri v. Wawanesa Mutual Insurance Co. involved a fire loss at the insureds’ home. The garage and its contents were destroyed and smoke penetrated the house. In one action the insureds claimed that Strone Construction was liable for the deficient remedial work and in another action the insureds claimed that their...

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