Fraud
Fraud A finding of fraud is very important as it will allow the insurer to defeat the incontestability period of two years. It is again irrelevant with respect to group…
Statutory Conditions
The statutory provisions of Alberta’s amended Insurance Act are typical of the legislative terms used to define “accident and sickness” policies in Canada’s provinces and territories. This legislation still recognizes…
Pre-Existing Medical Condition
The distinction between “disability” insurance and “accident and sickness” insurance is again relevant with respect to the incontestability provisions which have been enacted by statute. “Disability” insurance does not have…
Mitigation
Duty to mitigate – implied term This issue is well within the control of the insured. There should be no need to show vulnerability on this question. Essentially it reduces…
Defending the Claim
Introduction This section reviews the defences which an insurer may offer to a claim for disability benefits by an implied term such as the duty to mitigate to typical policy…