What 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...
read moreShould I retain a long-term disability lawyer?
If you’ve been injured or become ill and can’t work, and your long-term disability (LTD) insurance company denies you benefits, it’s in your best interests to get a lawyer. Unlike a disability claim with the Canadian government (CPP disability), long-term disability insurance companies are not impartial. Long-term disability insurers have a vested interest in the outcome of LTD claims, because the more disability claims they approve and pay out, the less financially healthy their bottom line is. And the fewer long-term disability cases they approve, the greater their profit...
read moreDo I have an ICBC claim?
Many people wonder: “Do I have an ICBC claim?” In many cases, these people actually do have an ICBC claim. What is surprising is how often ICBC tells people that they do not have a claim when they actually do (or at least that is what the potential claimant hears). Unfortunately, too many people take ICBC at their word or do not understand what is being communicated. Sometimes, it’s not that ICBC has actually said that you do not have a claim it’s that they have told you they will not pay you anything for your claim, or do not believe you have a claim based on the information in their...
read moreWhat is disability insurance?
Disability insurance is a form of health insurance. It is income paid to you by your insurance company when you can’t work due to sickness or accidental injury. Disability insurance income replaces either a portion of your regular income or is a set dollar amount. Benefit periods and amounts may depend on whether the disability was caused by an accident or illness and whether the disability is “short term” or “long term.” Disability insurance should provide peace of mind in the event that you are disabled and require replacement income. Unfortunately, this does not...
read moreWhat is critical illness insurance?
Critical illness insurance is an insurance product where the insurer is contracted to pay money (lump sum or structured) if the policyholder is diagnosed with one of the critical illnesses listed in the insurance policy. These are ‘peace of mind’ contracts. The contract or policy will set out several definitions and terms. Contractual definitions and terms are almost always open to interpretation. Most of these denials involve disputes over definitions of when a diagnosis of a critical illness is considered valid, allegations of misrepresentation, non-payment of premiums, and exclusion...
read moreDiscount Rates and Present Day Values.
Discount rates are used to calculate the present day value of a loss of future income or cost of future care that is awarded as a lump sum in personal injury cases. The discount rate assumes that the lump sum will be invested and will earn enough income to create a sufficient stream of compensation for the injured party over the appropriate time frame, with the fund being fully exhausted at the end. This is one methodology of calculating and compensating future financial loss endorsed by the so-called 1978 “Trilogy” of catastrophic injury cases decided by the Supreme Court of...
read more
