Our goal is to look after you, the client. We do not settle files to appease insurance companies. Our top priority is helping you rebuild your life in the months after suffering a catastrophic injury.
“When the LTD door is closed, Strype Injury Lawyers finds another way in” • MacIvor v. Manulife, Supreme Court of Canada Decision
Strype Injury Lawyers recently acted for a client who suffered severe injuries during an ATV accident in Costa Rica. Four months after the accident, the client returned to work. It became apparent that the injuries that he had suffered would prevent him from working in any capacity. The client resigned from his employment 3 years after the accident, having never returned to his pre-accident job responsibilities. He attempted to claim long-term disability benefits 5 years after the accident. The client’s insurance company denied his claim because the client was no longer an employee of the company and because he was too late to make his claim. As a result, the client was left in a position where he was not able to work and did not have any means to support his family.
While the Superior court initially rejected the client’s claim at trial, Strype Injury Lawyers got the decision set aside by the Ontario Court of Appeal. The Court of Appeal agreed with the arguments put forward by Jeffrey Strype C. S. and Mark De Sanctis that the operative time to determine whether one is covered by a policy of disability insurance is when the disability occurred and the company`s knowledge of the injury and not whether the claimant remains an employee of the company at the time the claim is made. Further, Strype Injury Lawyers were able to overcome the arguments that the client was “too late” to bring his claim. The Court of Appeal reversed the trial judge’s decision and ruled that the client was entitled to his long-term disability benefits.
The insurance company sought leave to appeal to the Supreme of Canada. Strype Injury Lawyers successfully responded to the application for leave to appeal to the Supreme Court of Canada and leave to appeal was denied on January 24, 2019.
Why is this decision important?
Many people, including lawyers, would be skeptical that a person would be able to claim long-term disability benefits 5 years after the date of an accident. This decision highlights an important roadmap for claimants who have been denied coverage for long-term disability benefits pursuant to their policy or a limitation period defence. This critical legal decision is an example of Strype Injury Lawyers creative abilities to find solutions for our clients.