Disability | Strigberger Brown Armstrong LLP

LTD Denials – When Does the 2-Yr Limitation Period Start?

Jan 9, 2019 | Disability

Limitation periods continue to be a hot topic in the context of disability benefits. A recently released Divisional Court decision seems to have shed a little light on this matter. In Western Life Assurance Company v. Penttila, the insurer brought a summary judgment...

Signed, Sealed, Delivered – But is it Enforceable?

Aug 1, 2018 | Disability

In Swampillai v. Royal & Sun Alliance Insurance Company of Canada, the Court dealt with the enforceability of a full and final release executed by the Plaintiff. A claim was commenced for long term disability (“LTD”) benefits. The action named the Plaintiff’s...

Can LTD Benefits Frustrate an Employment Contract?

Jul 5, 2018 | Disability

The recent decision of Roskaft v. RONA Inc., 2018 ONSC 2934, sheds some light on when an employer can successfully claim frustration of contract when an employee is in receipt of long-term disability benefits. The facts of this case were fairly straight forward. The...

Choose Wisely: LTD Insurer Entitled to WSIB Offset Despite Tort Election

May 4, 2018 | Disability

In a recent decision, of Wilken v. Sunlife, the Ontario Court of Appeal has confirmed that a long-term disability insurer is entitled to enforce the wording of the policy where a participant’s action or inaction would adversely vary an insurer’s interest. The...

Granny Smiths to Honey Crisps: Auto Defendant Entitled to Assignment of LTD Benefits

Apr 19, 2018 | Court Proceedings, Disability

The recent Superior Court decision of Nemchin v. Green by Corthorn J. is a significant win for auto insurers dealing with the deductibility of collateral benefits from large future loss of income awards. The plaintiff was injured in a motor vehicle accident in 2010. A...

Disability Long Term Disability Insurance: Common Employer Misconceptions

Apr 7, 2018 | Disability

Employers often provide their employees with access to long-term disability benefits through a group benefit plan. These benefits are usually provided and administered by a third party insurer. The insurer’s role is to manage the disability claim and adjust the file...

LTD Denials – When Does the 2-Yr Limitation Period Start?

Signed, Sealed, Delivered – But is it Enforceable?

Can LTD Benefits Frustrate an Employment Contract?

Choose Wisely: LTD Insurer Entitled to WSIB Offset Despite Tort Election

Granny Smiths to Honey Crisps: Auto Defendant Entitled to Assignment of LTD Benefits

Disability Long Term Disability Insurance: Common Employer Misconceptions

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