Employment Disability Insurance: Index

Employment: Disability Insurance Issues: Index

General Principles of Interpretation

Brochure as a Contract

Not an Indemnity

Disability Insurance: Making the Claim

The Fundamentals of Disability Insurance

Short Term Disability

Active Employment

Test of Disability

The Elimination Period

Continual Disability

Proving the Claim

Evidence of the Disability

GAF Score

Canada Pension Plan Disability

The Date to Test the Disability

Surveillance Evidence

Onus of Proof

Role of the Employer: Agent of the Insurance Company

Employer Negligence

Other Entities Negligent

Duty of Good Faith

Cases before Fidler

Supreme Court of Canada: Duty of Good Faith: Fidler

Aggravated & Punitive Damages: Duty of Good Faith

Chart Summary of Aggravated & Punitive Damages

Issues on Termination of Insurance

Defences to the Claim

Mitigation

Pre-existing Medical Condition

Fraud

Statutory Conditions

Administrative Services Only

Offsets from the Claim

Medical Records

Patient’s Right to Medical Records

Duty of Confidence

The Medical Report

Report of the Treating Physician

Doctor’s Trial Evidence

Independent Medical Examination

Misuse of Medical Records

Time Deadlines

The Rolling Limitation Period

Discoverability

Relief from Forfeiture

Waiver & Estoppel

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