Working in Perth, Ontario, Canada can be dangerous due to various reasons. The town has seen several accidents and incidents that have caused harm to workers. These hazards include falls, heavy lifting, and repetitive motions that can cause musculoskeletal disorders.
In one case, a worker filed for insurance claim as they suffered severe injuries. However, insurance appeal was denied by the insurer citing some technicality. This is not an isolated instance, there have been many instances where insurers have denied claims citing one reason or another.
When a worker suffers a disability that prevents them from working, they may apply for disability insurance benefits from their employer’s insurance plan. However, insurance companies may deny a worker’s claim, citing various reasons such as lack of evidence, pre-existing conditions, or not meeting the definition of disability in the insurance policy.
Canadian court cases have seen insurance companies deny disability claims for a range of reasons, including technicalities in policy wording or a perceived lack of medical evidence to support the claim. One such case is the 2018 decision in Kelly v. Sun Life Assurance Company of Canada, where the insurance company denied the plaintiff’s claim for disability benefits, citing that she did not meet the definition of total disability in the policy.
It is essential to note that insurance companies have a legal obligation to act in good faith and deal fairly with their customers, including providing clear and accurate information about policy coverage and investigating claims thoroughly. If an insurance company unreasonably denies a disability claim, the claimant may have grounds for legal action against the insurer.
As experienced Canadian disability lawyers, we understand the complex legal issues involved in disability insurance claims and appeals. We can help claimants gather and present the necessary evidence to support their claim and navigate the appeals process if their claim is denied. Our team has experience advocating for our clients’ rights and interests, and we are committed to securing the disability benefits they are entitled to receive. In the case of Progressive Casualty Ins. Co. v. Murray, 2018 ONSC 5496 (S.C.J.), the plaintiff was injured in a car accident and her insurance company refused to pay for the medical expenses. The court held that the insurance company had breached its duty to act fairly and reasonable towards the policyholder and awarded damages to the plaintiff.
Similarly, in the case of Lloyds Underwriters v. Allianz Insurance Company, 2017 ONSC 3313 (S.C.J), the insurance company denied coverage under a homeowner’s policy arguing that the loss did not occur during the period of coverage. The court disagreed with the insurance company’s interpretation and found that the loss occurred within the policy period.
These cases highlight the importance of seeking legal advice if your insurance claim is denied. An experienced Canadian disability lawyer can help you navigate through the complexities of the insurance industry and ensure that you get the compensation you deserve. Contact us today for more information on how we can assist you with your insurance appeal.
