Blogs


Driver entitled to Accident Benefits when injured outside their Vehicle

In a recent case, the vehicle insurer contested an Arbitrator’s decision that the insured was entitled to Accident Benefits under his automobile insurance policy, when the accident victim’s injuries occurred while outside his vehicle and resulted from being pushed by a passenger. This case, North Waterloo Farmers Mutual Insurance Co. v. Samad (2018), involved a […]

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Is RBC Stopping Your Disability Benefits After Two Years?

Have you received a letter from RBC stating that you have been receiving disability benefits for two years but those benefits will now be stopped?  You are not alone. Most RBC disability insurance policies in Ontario have a change of definition clause in terms of how total disability is defined.  Usually for the first two […]

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Eligibility and Applying for Long-term Disability Benefits

What is long-term disability (LTD) coverage? Long-term disability coverage provides a person with a portion of their income when they are unable to return to work due to an illness or injury, for example, resulting from injuries caused by a motor vehicle accident.  Someone who is disabled can use their LTD ‘income replacement’ coverage to […]

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Your Ontario Short And Long Term Disability Insurance Company Can Deduct Some Other Benefits You May Receive

Short and long term disability insurance policies contain offset provisions. Typically your disability insurance company can deduct money you receive from the following sources: Canada Pension Disability payments WSIB payments severance payments retirement allowances from your employer In fact many disability insurance policies stipulate that if Canada Pension Plan disability benefits or WSIB benefits are […]

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Has London Life Denied Your Disability Insurance Claim?

London Life Insurance Company (“London Life”) was founded in London, Ontario, in 1874. London Life is part of The Great-West Assurance Company.  London Life states on its website that it has $100 Billion in retirement and investment holdings. London Life sells long term and short term disability insurance policies. Many of those disability insurance policies […]

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Qualifying for Disability Benefits for Chronic Fatigue Syndrome

Persons suffering from chronic fatigue syndrome (CFS) have typically been struggling with their symptoms for a long time before being diagnosed.  In fact, only about 30 per cent of CFS sufferers are properly diagnosed in the first year.  To make matters worse, persons with chronic fatigue syndrome are sometimes stigmatized or told that they are […]

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Has Your Disability Insurance Claim Been Denied Due to a Pre-Existing Condition?

Many short term disability and long term disability policies contain a provision to exclude coverage for pre-existing conditions if the disability occurs within one year after disability coverage begins. Typical wording in disability insurance policies is that a pre-existing condition is not covered if the employee was treated by or consulted a health practitioner for […]

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The Importance of Mediation in Long Term Disability Disputes

 Mediation is similar to a settlement conference and is used in almost all long term disability cases during a law suit. It is important because it facilitates an opportunity for you and your long term disability insurer to meet in person and reach a successful and voluntary resolution of your dispute. The mediator is […]

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Anxiety And Depression Leading To Disability Claims

Depression and anxiety are two of the most common illnesses to force Canadians from the workforce. Both can be prompted by factors unrelated to one’s employment, but are also frequently brought on by work-related stress – such as dealing with long and difficult work, or difficult colleagues. Disability insurance claims based on depression and anxiety are […]

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Has RBC Denied Your Disability Insurance Claim?

RBC Insurance is the largest Canadian bank owned insurance organization. RBC sell short term and long term disability insurance policies. Many of our clients at Kotak Law have been surprised and upset when RBC has denied or terminated their disability insurance claim. Sometimes they are told that there is insufficient medical evidence or that the […]

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