Disability Insurance Law in Canada is a comprehensive and practical guide to the law of disability insurance in all of the common law provinces in Canada. This text provides a detailed and authoritative guide of all the issues concerning disability insurance litigation in Canada with more than 600 case citations. The publication includes contributions from leading practitioners across Canada, both plaintiff and defence. This publication provides readers with a detailed overview of the fundamentals of the practice, ensuring non-specialists can take on cases with confidence.
This edition includes: • A discussion of all leading cases on not only what constitutes total disability, but on related topics such as meeting the onus of proof, the taxability of LTD settlements, punitive and aggravated damages, the operation of exclusionary clauses and policy offsets and the availability of jury trials in LTD actions • Appendices containing summaries of virtually every decided case in the past 25 years on selected issues to help you find the case situation closest to your own • Table of Concordance of the various Accident and Sickness Insurance Sections of the provincial Insurance Acts
This essential guide covers: Chapter 1: Introduction to Disability Insurance Chapter 2: Individual and Group Disability Insurance Policies Chapter 3: Coverage – Commencement Chapter 4: Misrepresentation Chapter 5: Premiums and Coverage Chapter 6: Claim Liability Chapter 7: Accident Defined Chapter 8: Evidence Chapter 9: Offsets/Integration of Benefits Chapter 10: Limitation Periods in Canada Chapter 11: Litigation Process Chapter 12: Extra Contractual Damages Chapter 13: Regulation Appendices