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Manulife bound by its own policy wording.

Posted by on Aug 17, 2009 in Insurance, Legal Update, Manulife Cases | 0 comments

Manulife bound by its own policy wording.

On August 17, 2009, The BC Supreme Court held that as between the limitation period in an insurance policy and the limitation period set out in Section 22(1) of the Insurance Act of British Columbia, the limitation period in the policy prevails so long as it is not shorter than that prescribed by Section 22(1). In Colgur v. Manufacturers Life Ins. Co., 2009 BCSC 1125, the insurance company, Manulife, applied for a dismissal of the Ms. Colgur’s claim for long-term disability .  Ms. Colgur was employed by the Royal Bank of Canada as a customer...

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$75,000 for moderate/severe PTSD.

Posted by on Aug 7, 2009 in Injury Awards, Legal Update | 0 comments

$75,000 for moderate/severe PTSD.

On August 7, 2009, the BC Supreme Court awarded 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....

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An exclusion clause is only valid if it is unambiguous.

Posted by on Sep 16, 2008 in Insurance, Legal Update | 0 comments

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...

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“Bully” Manulife to pay $250,000 punitive damages.

Posted by on Dec 14, 2007 in Bad Faith, Insurance, Legal Update, Manulife Cases | 0 comments

“Bully” Manulife 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.

Posted by on Jun 29, 2006 in Bad Faith, Legal Update | 0 comments

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...

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Manulife wrong to deny disability benefits for chronic fatigue.

Posted by on Nov 28, 2005 in Insurance, Legal Update, Manulife Cases | 0 comments

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....

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Manulife’s conduct costs UBC punitive damages.

Posted by on May 25, 2005 in Bad Faith, Legal Update, Manulife Cases | 0 comments

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...

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Failing to disclose prior drug use is not fraud.

Posted by on Mar 23, 2004 in Insurance, Legal Update, Manulife Cases | 0 comments

Failing to disclose prior drug use is not fraud.

On November 23, 2004, the BC Supreme Court found against Manulife Financial, and ordered it to pay death benefits to a widow, in Metcalfe v Manufacturers Life Insurance Company, 2004 BCSC 1526. An insured (“Mr. Metcalfe”), who died of a drug overdose, had purchased a life insurance policy seven years before his death. Although he did not disclose to the life insurance company that he had been in a drug treatment program for cocaine and heroin use three years before obtaining the policy, the life insurance policy was determined to...

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Manulife ordered to pay death benefits and 2X costs.

Posted by on Mar 19, 2002 in Bad Faith, Insurance, Legal Update, Manulife Cases | 0 comments

Manulife ordered to pay death benefits and 2X costs.

On March 19, 2002, the Alberta Court of Queen’s Bench ordered Manulife to pay benefits under an accidental death policy, and to pay double costs to the plaintiff in McCoy v Manulife, 2002 ABQB 298. The plaintiff’s brother, Ward McCoy, was covered through his employment by a policy of life insurance and accidental death insurance provided by Manufacturers Life Insurance Company. The plaintiff, Keith McCoy, was the beneficiary of the policy. The brother died on the 23rd of June, 1997. He had been drinking over a three-day period. Twelve...

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