Horrific head-on collision nets trucker $320,000, including $75,000 for PTSD.

A BC Supreme Court judge awarded a plaintiff just over $320,000 in damages as a result of a serious BC Truck Accident. In Bonham v. Weir the plaintiff was driving a transport truck into Fort Nelson, BC, when another vehicle “crossed the centre line and collided head on with his truck. ”  The plaintiff’s truck “burst into flames and (the Plaintiff) had to crawl out of the burning cab through a broken windshield.” ICBC admitted fault on behalf of the driver of the other vehicle leaving the court to deal only with an assessment of damages. Mr. Justice Smith found that while the plaintiff’s...

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An exclusion clause is only valid if it is unambiguous.

On September 16, 2008 the Alberta Court of Appeal confirmed in Duke v. Clarica Life Insurance Co. 2008 ABCA 301 that an ambiguous term in a critical illness policy exclusion clause should be construed against the insurer. The insurance company had issued a critical illness policy to Mr. Duke. When Mr. Duke developed Parkinson’s disease, the insurance company denied his claim, relying on an exclusion clause which stated: “if the insured person had a covered critical illness or any symptoms associated with a covered critical illness before the date the Policy came into...

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Manulife found to be a “bully” and ordered to pay $250,000 punitive damages.

On December 14, 2007, the Ontario Court of Appeal upheld an order that The Manufacturers Life Insurance Company (“Manulife”) pay $250,000 in punitive damages.

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Mental distress damages flow from a breach of the policy.

The Supreme Court of Canada set aside an award of punitive damages of $100,000 against a disability insurer (“Sun Life”), but upheld an award of $20,000 in aggravated damages for mental distress for breach of contract. Fidler worked as a bank receptionist and was covered by a group policy that included long-term disability benefits. At the age of 36, she became ill and was eventually diagnosed with chronic fatigue syndrome and fibromyalgia and began receiving long-term disability benefits in January 1991. Under the terms of the policy, Fidler was entitled to continued benefits...

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Manulife wrong to deny disability benefits for chronic fatigue.

On November 28, 2005 the BC Supreme Court decided that The Manufacturers Life Insurance Company (“Manulife”) was wrong to deny long term disability benefits to a woman suffering from chronic fatigue syndrome. The case was called Milner v. Manufacturers Life Insurance Company, 2005 BCSC 1661. In September 2001, Cindy Milner, age 45, was hired as a manager at a residential care facility for the elderly. She was responsible for managing nurses, care aids and related staff and ensuring that the facility had all the necessary supplies. In late October, she contracted pneumonia and was...

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Manulife’s conduct costs UBC punitive damages.

The British Columbia Court of Appeal upheld an award of $150,000 in punitive damages and $35,000 in aggravated damages against the University of British Columbia (UBC) in Asselstine v. Manulife and UBC, 2005 BCCA 292. The decision sends a strong message to insurers and raises questions about the relationship between employers and third parties hired to administer benefit plans. This case concerned a registered nurse who had been employed by UBC for several years. In March 1997, she was diagnosed as suffering from multiple sclerosis. She took six weeks of sick leave and then returned to...

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