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Posts Categorized: long term disability

Double Recovery for One Accident? The Interplay of Long Term Disability Insurance and Car Accidents

Frequently, a person hurt in a car accident in Ontario also has the benefit, through their employment, of both a short term disability insurance policy (STD) and also a long term disability policy (LTD).

If the injured person starts a lawsuit for damages arising from the car accident, then what happens if they also receive monies pursuant to their LTD policy?

Is it possible to receive money twice for the same accident, otherwise known as double recovery?

Double recovery is an obvious issue that defendants and insurers take note of and dispute in each case. … Continue Reading

Long Term Disability Application Denied >”Totally and Permanently Disabled”

Long terms disability insurance applications are reviewed and assessed by the long term disability carrier based on the wording of the policy, along with the medical evidence of impairment presented, to determine whether the insured applicant qualifies for long term disability benefits.

Usually the medical evidence considered includes the insured’s historical medical file, medical specialist or expert opinion presented by the insured and medical specialist or expert opinion commissioned by the long term disability carrier.

Although long term disability insurance policies in Canada are generally similar, it is necessary to review the specific insurance policy for each insured applicant’s claim.… Continue Reading

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2009 Information Exchange with Chinese delegation

On Tuesday, September 8, 2009, we were honoured to host an interesting and productive meeting with Mr. Pingli Tian, Vice President of the Higher People’s Court of Shaanxi Province and the delegation from Shaanxi Province for an exchange of information about the respective legal systems of Canada and China.

Photos of the meeting are found here.

The delegation from China included:

• Mr. Yingbo Wang, President of the Railway Intermediate People’s Court of Xi’an City, Shaanxi Province;
• Mr. Anxiang Qin,  Director of the Research Office of the Shaanxi Higher People’s Court of Shaanxi Province;
• Mr.… Continue Reading

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Your Long Term Disability Claim is Denied. Is There a Way To Fight Your Insurance Company – Quickly?

Assume that you have LTD (long term disability) insurance coverage available to you.

What happens when you become sick and cannot work anymore?  What if you apply to your LTD policy for coverage and are denied?  What if you must fight your insurance company in Court to seek payment and benefits under your insurance policy?

To fight your insurance company, are you required to start a lawsuit and follow through all the usual steps in litigation – including disclosure and exchange of your relevant documents; Examinations for Discovery of all parties; and attending at defence medical assessmentsrequested by the insurance company?… Continue Reading

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Hit and Run Car Accident, Driver Flees after Hitting Cyclists

As a weekend running warrior, this news story in the Globe and Mail of five cyclists injured badly in a hit and run car accident while on their weekly ride resonates.

Hit and run car accidents are, unfortunately, quite common when you practice in this area.  Surprisingly, even people with car insurance coverage sometimes try to escape the responsibility of having caused or being a part of a car accident.  The common victim is a pedestrian or cyclist, injured and lying on the ground and unable to help themselves or chase after the unidentified vehicle. … Continue Reading

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