Disability Insurance Lawsuits

Disability lawsuits present unique legal tests and engage different legal principles than other injury cases. If you have been denied benefits despite the fact that you are unable to work, it is important to understand the principles that apply and how they affect you. It is important to speak with a lawyer who understands disability law.

To begin with, the relationship between the parties (you and the insurance company) is not founded on a common law duty to reasonably protect the safety of others (as is the case with certain car accident or slip and fall cases). Instead, the relationship between you is founded upon a contract - the insurance contract that you agreed to and the insurance policy that insures you.

For the first two years of disability, most claimants are governed by the "own occ" test: a test that requires you to prove that you are, essentially, unable to return to the job that you were working at the time of the accident. Beyond two-years, most claimants are governed by the "any occ" test - a test that requires you to prove that you are, essentially, unable to return to any job for which you are reasonably suited by education training or experience.

Disability insurance contracts will typically give rise to a duty of "good faith". The insurance company and yourself are governed by this duty and there are serious ramifications for a failure to live up to the duty. Not that long ago, an insurance company was required to pay $1,000,000 in damages for failing to live up to the duty when it, allegedly, denied a person's fire loss claim without good reason and persisted in alleging that it was intentional arson by the insured.

This article is not legal advice. It is simply general information and you are encouraged to immediately seek legal advice to consider how long you have to start a lawsuit and whether your case is viable.

Our Ontario disability lawyers offer injured accident victims respect and experienced guidance based upon our record for success in obtaining fair compensation for injuries and losses in car accidents, slip and falls, disability claims and other injury cases.  Offering flexible payment structures (including contingency fee/do not pay unless you win).  Providing services to Toronto, Scarborough, Whitby, Oshawa, Ajax, Pickering, Port Perry, scugog, kawartha, Lindsay, Kitchener, Mississauga, Richmond Hill, Markham, Thornhill, Vaughan, GTA and beyond.