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Disability Insurance Law in Canada
By: Eric J. Schjerning, B.A., LL.B., F.L.M.I., David Norwood, M.A., LL.B.
ISBN/ISSN/Product Number: 978-0-7798-2859-3
Product Type: Book
Number of Pages: Approximately 200 pages
Number of Volumes: 1 volume bound
Binding: softcover
Publication Date: 2010-10-06
Publisher: Carswell
Availability: In Stock


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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

About the Author
Eric J. Schjerning, B.A., LL.B., F.L.M.I., is a 1986 Call to the Bar who joined Blaney McMurtry LLP in 2005, after 19 years with The Canada Life Assurance Company where he headed Canada Life's litigation team and where he also spent 2 years as director of Group Insurance Claims.

Eric has extensive experience handling life, disability, critical illness and travel insurance claims from the group, individual and creditor claims areas. Eric was winning counsel on 2 leading court cases in this area of the law, Silva vs. Sizoo and Canada Life (an individual disability case dealing with the issues of misrepresentation and lack of insurability) and Conte vs. Canada Life (a group LTD case dealing with the issues of disability, mitigation, onus of proof, and a claims handling standard which does not meet the test for punitive damages).

Eric is a regular speaker for numerous industry groups, including the CLHIA, L.I.I.C (LOMA Canada) and the Toronto Claims Association.

David Norwood (Deceased) was formerly General Counsel at The Canada Life Assurance Company. Mr. Norwood was the author of Life Insurance Law in Canada first published by DeBoo in 1977 and co-authored with John Weir for the Second Edition of Life Insurance Law in Canada by Carswell in 1993 and (Third Edition) by Carswell in 2002.
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