Health, Life & Disability Insurance
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OVERVIEW
While all insurance disputes are potentially complex, claims relating to health, life, and disability insurance are personal in nature and, therefore, particularly sensitive. The issues must be analyzed in a competent and logical manner, cognizant of the rights and duties of the insurer and insured, and with due regard and respect for the confidential underpinnings of the relationship. These principles govern our services in this field of insurance law from the initial coverage opinion through alternative dispute resolution processes and, if necessary, litigation. We are attuned to the special dynamics.
SERVICES
Our Health, Life, and Disability Insurance Group is well-versed in guiding insurers, insureds, and brokers through the legal analysis, strategy formulation and tactics needed to resolve disputes and, when required, respond proactively. We represent clients in matters arising out of:
- Short and Long Term Disability Policies;
- Accidental Death and Dismemberment Insurance;
- Life Insurance;
- Out of Country Medical Insurance;
- Critical Illness Insurance;
- Creditor Disability/Life Insurance disputes; and
- Health and Dental Care Benefits.
A prompt and early response is frequently the best method to contain the effects of fraudulent conduct. Should fraud be suspected in any form at any time, we urge our clients to contact the Civil Fraud Recovery Group as quickly as possible
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Key Numbers for 2025
In December 2024, the FSRA published the 2025 monetary thresholds and deductibles for non-pecuniary general damages under the Insurance Act...
Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss
First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.
The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc.
In Ontario, s.4 of the Limitations Act, 2002, (“Act”) establishes a two-year limitation period for a claimant to commence an action, which begins to run once the claim is discovered. However, there exists an exception for those claimants that are “incapable” to commence the proceeding.
In this case study, a man suffering from mental illness and psychotic delusions, killed his son and later commenced an action against the drug company...