1 COLLATERAL DAMAGE: HOW TO MAXIMIZE YOUR CLIENT S LONG TERM DISABILITY CLAIM BY MINIMIZING COLLATERAL DEDUCTIONS David Brannen, LL.B, M.Sc(OT) Cantini Law Group 2000 Barrington Street, Suite 1301 Halifax, Nova Scotia B3J 3K1 Tel: I. INTRODUCTION Collateral deduction clauses are like termites. They are easily overlooked, and if left unchecked, can cause significant damage to the foundation of your client s claim. Most disability insurance policies allow the insurer to deduct a broad range of disability related benefits received by the insured from other sources, including CPP disability, WCB benefits, Section B WI benefits, pensions, and disability insurance on mortgages. When the insurer applies one or more of these deductions against the monthly benefit, it can result in the insured receiving half or less of the monthly benefit stated in the policy. Your goal should be to identify, and then minimize or exterminate all collateral deductions. This will enable your client to get the maximum benefits, whether in the context of a reinstatement of benefits or in negotiating a lump sum settlement of the entire claim. Failure to properly consider collateral deductions can cost your client thousands of dollars. Unfortunately, there are no hard and fast rules. Given the variability among disability policies, you must consider collateral deductions on a case by case basis. The nature and extent of any collateral deductions will turn on the wording of the policy in question. When reviewing your client s policy, keep in mind the principles of interpretation, and the case law that has considered the collateral deductions in question. This paper provides a basic overview of the principles of interpretation, and reviews the cases that have considered the most common collateral deductions. II. COLLATERAL BENEFIT DEDUCTION CLAUSES Collateral benefit deduction clauses are a standard part of most policies for long term disability insurance. A person who has become disabled may qualify for income benefits (i.e., collateral benefits) from a number of sources, in addition to his or her disability insurance policy. Common examples include Section B weekly indemnity payments, workers compensation benefits, Canada Pension Plan disability benefits, pensions and other salary continuation plans. Collateral deduction clauses permit the insurer to off set these collateral benefits against the 1
2 monthly benefit owing under the disability policy. The disability benefit is reduced in direct proportion to any collateral benefit the insured is receiving, or is entitled to receive. Collateral benefit deductions are rooted in theories of indemnity and the rule against double recovery. Insurers say collateral deductions are necessary to discourage fraud: The rationale being that if collateral benefits were not deducted, then in some cases a person s total disability related benefits from all sources may equal or exceed his or her employment income. Such a result would be invitation to fraud, as people could earn greater income by being disabled. Accordingly, insurers now design disability policies such that the insured will receive a maximum income from all sources, usually 60 80% of his or her employment income. III. PRINCIPLES OF INTERPRETATION A comprehensive review of the principles of interpretation of insurance contracts is beyond the scope of this paper; however, Craig Brown provide a succinct statement of the law at Chapter 8 of his text Insurance Law in Canada 2002 (Toronto: Carswell, Looseleaf): The rules of insurance contract interpretation are easy enough to state. A court should give effect to the intention of the parties the insurer and the consumer. If the words used are not clear enough to disclose what this joint intention is, the words are given a meaning which, if reasonable, favours the consumer. This is considered fair either because the language was chosen by the insurer or because the meaning adopted by the court achieves a result which the parties could reasonably expect. The sources of these principles are as follows: Coverage provisions are to be interpreted broadly, while exclusion clauses are to be interpreted narrowly: Canadian National Railway v. Royal & SunAlliance Insurance Co. of Canada (2008), 68 C.C.L.I. (4 th ) 1 (S.C.C.); Sansalone v. Wawanesa Mutual Insurance Co.,  1 S.C.R. 551 (S.C.C.); Pictou County Farmers Mutual Fire Insurance Co. v. Williams,  N.S.J. No. 59 (C.A.); and Wawanesa Mutual insurance Co. v. Neary (2003), 50 C.C.L.I. (3d) 176 (N.S.C.A.). Ambiguities with particular words or phrases are to be resolved in favor of the insured, based on the doctrines of contra proferentem or reasonable expectation: Consolidated Bathurst Export Ltd. v. Mutual Boiler & Machinery Insurance Co.,  1 S.C.R. 888; McClelland & Stewart Ltd. v. Manulife Assurance Co.,  2 S.C.R. 6 (S.C.C.); and Arnoldin Construction & Forms Ltd v. Alta Surety Co.,  CarswellNS 31 (N.S.C.A.) 2
3 [contra proferentem] and Wigle v. Allstate Insurance Co. of Canada,  CarswellOnt 26 (Ont. C.A.) [reasonable expectation]. IV. CANADA PENSION PLAN (CPP) BENEFITS Canada Pension Plan (CPP) disability benefits are a common collateral deduction. The CPP benefit off set is usually explicitly stated in most policies; however, even if not explicitly named, the CPP benefit off set has been found to fall under general clauses such as amounts received under the legislation of any government, income from all sources, or wage or salary continuation plans available to a person by reason of his employment :Paese v. Fidelity & Guaranty Co. (1985), 17 C.C.L.I. 1 (Ont. Dis. Ct.). On the other hand, courts have held that catch all phrases such as benefits payable on account of disability, benefits for loss of time under any other contract, or any retirement pension, did not include CPP disability benefits: Coombe v. Constitution Insurance Co.,  I.L.R (Ont. H.C.). It would be unusual for any modern disability policy to include such vague wording, but if your client has an older policy it will be important for you to pay close attention to this issue. If you determine your client s policy contains a CPP disability off set clause, then you should turn your mind to two further issues: 1) Does the policy allow for deduction of gross CPP benefits or net CPP benefits and 2) does the CPP off set include the right to deduct the children s portion of the CPP benefit? A. What to Deduct: Gross Payment or Net Payment? Canada Pension Plan benefits are subject to income tax. The CPP administration deducts income tax at source, so the payment received by the recipient is a lesser net payment. A common issue is whether the insurer is entitled to deduct the gross or net monthly CPP benefit. There is no general rule on this issue; rather, it will depend on the wording of the disability policy in question. I was unable to find any case on point; however, the Ontario Court of Appeal did consider the gross vs. net deduction of the CPP disability benefit in the context of Ontario s No Fault Automobile Income Replacement Benefits (IRBs). The statutory wording did not specify if the net or gross amount of CPP was to be deducted from the IRB. In a 2 1 decision, the majority acknowledged that two interpretations were available, but chose to interpret the word received to mean the net CPP amount: Bapoo v. Co operators General Insurance Co. (1997), 36 O.R. (3d) 616 (C.A.). We can rely on Bapoo, supra, as persuasive authority that net CPP should be deducted, if net vs. gross amount is not specified in the policy. 3
4 B. Is the Children s Portion of CPP deductible? When a parent qualifies for CPP benefits, often his or her dependent children will also qualify for CPP payments. As a matter of practice, if the CPP claimant is the legal guardian of the children, then the two payments are added together and paid as one monthly lump sum to the parent. A common issue is whether the long term disability insurer is also entitled to offset the children s portion of the CPP benefit from the insured s monthly disability benefit. Whether the insurer is entitled to this deduction will depend on the wording of the policy. Many policies now state that the CPP benefit offset includes any portion paid to the insured s children. Other polices explicitly exclude the children s portion of CPP. There are conflicting cases on what to do if the policy is silent on how to treat the children s portion of the CPP. In Mugford v. Canadian Industries Ltd.,  CarswellNfld 129 (S.C.), Justice Noel interpreted the following clause to not allow deduction of children s CPP benefits: 13. The amount of long term disability insurance benefits which may be paid to any eligible employee under the Plan shall be reduced by the total of such amounts as may from time to time become payable to him under Workmen's Compensation legislation, the Canada Pension Plan, the Quebec Pension Plan or under similar legislation under which any disability income or pension benefits are or may be provided in respect of the same period of disability for which the employee has qualified under this Plan. On the other hand, in Ormonde v. London Life Insurance Co.,  I.L.R (O.C.J.), Justice Steele held that CPP child benefits were deductible under the clause any benefit payable on account of the disability of the employee. In Dubasoff v. Mutual Life Assurance Company (1995), 123 D.L.R. (4 th ) 577 (Sask CA), the Court of Appeal held that the following other income clause did not allow for deduction of CPP Benefits paid to the children: "Other sources" include but are not limited to 4. any government plan providing disability income that becomes payable only after the member became totally disabled. In Hennig v. Clarica Life Insurance Co,  A.B.C.A. 70, the Alberta Court of Appeal held that the children s portion of CPP was not deductible, even though the policy contained an other sources clause that seemed to allow for deduction of children s benefits: 4
5 "Other sources" are benefits or payments resulting from the member's disability these include by are not limited to: 4. any government plan providing disability income including benefits for dependent children that becomes payable only after the member became disabled. The Court noted that there were two off set clauses: There was a specific clause stating CPP benefits were deductible. This clause was silent on the matter of children s CPP benefits. There was a second clause that allowed deduction for other sources (see above). The court declined to use the other sources clause to interpret the CPP clause. The Court held these two clauses created ambiguity. Applying the principles of insurance policy interpretation, the Court chose to resolve the ambiguity in favor or the insured. In Ruffolo v. Sun Life Assurance Co. of Canada,  56 C.C.L.I (4 th ) 116 (Ont. S.C.J.), affirmed  ONCA 274, Justice Perell distinguished Hennig, supra, and held that the children s portion of the CPP was deductible, notwithstanding that such wording was not expressly included in the policy. The court relied on a proposal the insurer had submitted to the insured s employer during the negotiations of the group benefits plan. The proposal included options for the employer to choose an LTD plan that expressly stated that children s CPP benefits were not deductible. The employer did not choose that option, and the court held this was determinative of the issue. This case was unique in that the court delved into the negotiations between the employer and the insurer to determine the intentions of the parties. In summary, there is no general principle that can be applied to say CPP child benefits are or are not deductible. Rather, this issue must be resolved on a case by case basis paying particular attention to the wording of the policy. Based on the Ruffolo case, you should be wary of cases where the disability policy was negotiated by the employer as part of a group benefits scheme. In such cases, you should insist the insurer s affidavit of documents include all documents related to the negotiation of the disability insurance plan, including any proposal put to the employer. In cases of individual disability policies, it may be important to review what information was provided by the insurance broker during the sale of the policy. V. WORKERS COMPENSATION BENEFITS Most policies name worker s compensation benefits as a deduction. If your client receives monthly WCB benefits then these would be deducted. The real issue you have to watch for happens in the context of motor vehicle litigation, where the plaintiff has opted out of worker s compensation coverage in favor of pursuing a tort claim. If the plaintiff is also covered under a disability insurance policy, then in most cases, the disability insurer will be entitled to 5
6 deduct what the plaintiff was entitled to receive from WCB, even though he or she has optedout and will not actually receive WCB benefits. In Madill v. Chu,  2 SCR 400, the Supreme Court of Canada held that a long term disability insurer was allowed to deduct WCB benefits, even though the insured had neither applied for, nor received any WCB benefits. The Court held it was sufficient that the insured was entitled to receive WCB benefits to trigger the insurer s right to deduction. In Abdulrahim v. Manufacturers Life Insurance Co. (2003), 252 O.R. (3d) 543 (Ont. S.C.J.), Justice Himel distinguished Madill, supra, and held that insurer not entitled to deduct WCB from LTD payments because policy had a subrogation clause, which would eliminate the potential for double recovery. He noted the insured was not immediately entitled to WCB, therefore cannot be deducted from LTD. While Abdulrahim, supra, appeared to open to the door to eliminating deduction of WCB benefits, the Ontario Court of Appeal appears to have closed the door in Richer v. Manulife,  CarswellOnt 1713 (C.A.). The Court of Appeal followed Madill, supra and held that LTD insurer was entitled to deduct what the insured was entitled to receive from WCB, even though there was a subrogation clause in the policy. VI. OTHER LONG TERM DISABILITY POLICIES In some cases, your client may have two or more long term disability insurance policies, which all contain collateral deduction clauses. This is now fairly common given the proliferation of disability coverage on credit cards, lines of credit, mortgages, and car loans. The existence of competing collateral deduction clauses creates a paradox where each insurer tries to reduce what the other is paying, resulting in no one making payment to the insured. The Nova Scotia Court of Appeal was faced with this situation in Evans v. Maritime Medical Care Inc. (1991) NSCA. The Court rejected the argument that the insurers should share equally in the deduction, and held that the policies had to be read closely to determine which one was the primary policy, and which one was the collateral policy. The primary police was entitled to deduct the collateral policy, but not vice versa. VII. SECTION B WEEKLY INDEMNITY PAYMENTS You will need to determine the deductibility of Section B Weekly Indemnity benefits on a caseby case basis. While most disability insurance policies will purport to be able to deduct weekly indemnity benefits, their right to do so will depend on whether the Section B Insurer has a 6
7 corresponding right to deduct the disability insurance benefit (see also discussed in Section VI of this paper). If the Section B insurer has a right to deduct the disability insurance benefit, then it will be deemed the primary insurance, and the disability insurer will not be able to deduct the weekly indemnity payments. The SFF 1 Standard Automobile Policy, Section, Part II, states as follows: Amount of Weekly Payment The amount of a weekly payment shall be the lesser of, (a) $140 per week; or (b) 80 per cent of the insured person's gross weekly income from employment, less any payments for loss of income from employment received by or available to such person under, (i) the laws of any jurisdiction, (ii) wage or salary continuation plans available to the person by reason of his employment, and In Graham v. Hill,  N.B.C.A. 24, the Court of Appeal held that benefits paid through private disability insurance plans, or union sponsored plans, are not deductible by the Section B insurer when determining the amount of the weekly indemnity payment; however, long term disability benefits provided though employment, or partially paid for by the employer, will constitute a wage or salary continuation plan.by reason of employment and therefore, are deductible from the weekly indemnity benefit. Graham v. Hill, supra, affirmed the Court of Appeal s earlier decision in Sweet v. Co operative Fire & Casualty Co. (1983), 46 N.B.R. (2d) 189 (C.A.), which held that a Section B insurer cannot deduct disability insurance benefits when the disability insurance premium was paid for by the union, not the employer. In summary, the long term disability insurer will be able to deduct Section B weekly indemnity benefits if the policy is paid for entirely the insured, or his or her union. In this situation, the Section B insurer has no corresponding right to deduct disability insurance payments from the weekly indemnity payments; however, where the policy is paid for entirely or partially by the insured s employer, then the disability insurer cannot deduct weekly indemnity payments, because in these circumstances the Section B insurer has the right to deduct the disability insurance benefit. As noted in Evans v. Martime Medical Care Inc, supra, courts will not allow two disability insurers to deduct each other s payments, as this would result in a paradoxical situation leaving the insured with no benefits from either insurer. 7
8 VIII. SUPERANNUATION / PENSION INCOME Most disability policies will include a clause allowing deduction of income under any retirement plan of the employer. Insurers are entitled to deduct monthly pension benefits based on this and similar clauses: Gameau v. Industrial Alliance ; however, there may be some exceptions, where some portion of the money is paid as a lump sum, in the context of an retirement incentive package: Hetland Estate v. Sun Life Assurance Co. of Canada (1990), 47 C.C.L.I. 169 (Alta. CA). IX. SEVERENCE PAY Courts have consistently held that severence pay does not constitute earnings from employment or income for the purposes of an LTD policy. Rather it is considered capital at common law, notwithstanding that it is taxed as income by the Canada Revenue Agency. Therefore, severance pay will generally not be included under the other sources of income clauses common in most policies: see Harvey v. Ultramar,  CarswellOnt 25 and Henderson v. Canadian General Life Insurance Co.,  I.L.R (Ont. Gen Div.). X. STRUCTURED SETTLEMENTS Sometimes personal injury actions will be settled using a combination of lump sum and structured settlement purchased by the defendant for the benefit of the plaintiff. This will result in a monthly income to the plaintiff going forward. If the plaintiff also receives ongoing long term disability benefits, is the disability insurer entitled to set off the monthly amount received from the structured settlement? In Stitzinger v. Imperial Life Assurance Company of Canada (1998), 39 O.R. (3d) 566 (O.C.J.), the court held that monthly payments received from a structured settlement were not total monthly income from all sources. The money was period payment of damages (not deductible), even though it was structured in a way that resembled monthly income. XI. CONCLUSION It is important to carefully analyze the issue of collateral benefits deductions in all long term disability cases. This can only be accomplished by careful review of the entire master policy. Therefore, it is important that you get a copy of the master policy as early as possible. Understanding the impact of collateral deductions is necessary to maximize your client s benefits during any settlement negotiations. Seemingly small changes in monthly payments (e.g., deduct net or gross CPP) can result in significant sums of money when factored over a number of years, or when calculating present values for lump sum settlements. You will need 8
9 to analyze collateral deductions on a case by case basis, as the issue will be determined by the particular wording of the disability policy in question. While there are no hard and fast rules, you can rely on the principles of contract interpretation and a growing number of cases that have interpreted the most common collateral deductions. 9
RULE 49 OFFERS TO SETTLE Purpose: The purpose of the rule is to encourage parties to make offers to settle by providing that if the party making the offer achieves a better result at the hearing than under
Veronica S.C. Rossos 2 Veronica S.C. Rossos TABLE OF CONTENTS I. INTRODUCTION... 3 II. DEFINITIONS... 4 III. THE GENERAL PRINCIPLES OF INTERPRETATION OF INSURANCE POLICIES... 4 IV. AND THE SCOTT ANALYSIS...
Legislative Review of Workers Compensation Review of Section 38 (Benefits), Workers Compensation Act Discussion Paper May 2015 Discussion Paper May 2015 Published by: Province of New Brunswick P.O. Box
SETTLEMENTS AND JUDGMENTS YOU MEAN I HAVE TO PAY TAXES? By: Geoffrey N. Taylor, Esq. I. INCOME TO PLAINTIFF A. Distinction between settlements and judgments. B. Basic rule is the origin of claims test.
RON GRAHAM AND ASSOCIATES LTD. 10585 111 Street NW, Edmonton, Alberta, T5M 0L7 Telephone (780) 429-6775 Facsimile (780) 424-0004 Email firstname.lastname@example.org How Can You Reduce Your Taxes? Tax Brackets.
A Layman's Guide To ICBC Part 7 Benefits Prepared for MADD Revised January 2015 This guide was initially prepared in February, 2005 at the request of MADD to provide a layman's guide to ICBC No-fault/Part
GROUP DISABILITY INSURANCE I have been asked to speak to you today on the topic of group disability insurance. Note that there is a distinction between disability insurance and accident and sickness insurance.
Factors to Consider When Handling a Long Term Disability Benefits Case Several issues may arise in the course of a lawsuit for long term disability benefits. This paper provides strategic suggestions on
OTLA Ontario Trial Lawyers Association September 2014 NETS FINANCIAL SAFETY September 2014 The Litigator Advance payments The Tort and LTD Interface Consequential Damages FEATURE BY MICHAEL WILCHESKY ONTARIO
COURT OF APPEAL FOR ONTARIO CITATION: Zurich Insurance Company v. Chubb Insurance Company of Canada, 2014 ONCA 400 DATE: 20140515 DOCKET: C57553 BETWEEN Juriansz, Pepall and Pardu JJ.A. Zurich Insurance
Pay-When-Paid Clauses General contractors are frequently faced with claims for extras or delay emanating from subcontractors but attributable to acts or omissions of the owner or consultant. In these cases
Discussion Paper Concerning the Cap on Pain and Suffering Awards for Minor Injuries Office of the Superintendent of Insurance January, 2010 Introduction The Province of Nova Scotia regulates automobile
CUNDIFF V. STATE FARM: ALLOWING DOUBLE RECOVERY UNDER UIM COVERAGE AND WORKERS COMPENSATION Melissa Healy INTRODUCTION In Cundiff v. State Farm Mutual Automobile Insurance Co., the Arizona Supreme Court
IN THE MATTER OF THE INSURANCE ACT, R.S.O. 1990 c. I.8, as amended AND IN THE MATTER OF THE ARBITRATION ACT, S.O. 1991, c.17, as amended BETWEEN: AND IN THE MATTER OF AN ARBITRATION WAWANESA MUTUAL INSURANCE
Probate overview This Tax Topic will examine the recent developments in the area of probate fees. In the first of a two part series on this topic, the history of probate fees will be reviewed. As well,
ACCIDENT BENEFIT CONTINGENCY FEE RETAINER AGREEMENT This contingency fee retainer agreement is B E T W E E N : Bogoroch & Associates LLP Sun Life Financial Tower 150 King Street West, Suite 1707 Toronto,
What are No-Fault benefits? "No-fault benefits" are also often referred to as "Personal Injury Protection benefits or "PIP Benefits" for short. No Fault refers to insurance coverage provided by your own
SPECIAL CONSIDERATIONS FOR TRUCKS AND COMMERCIAL VEHICLES Thomasina Dumonceau Blaney McMurtry LLP 416.593.2999 email@example.com SPECIAL CONSIDERATIONS FOR TRUCKS AND COMMERCIAL VEHICLES This paper
Page 1 Case Name: Trainor v. Barker Between Patricia Trainor, David Bruce Trainor, Carl Phillip Trainor and Deanna Rachael Trainor by her litigation guardian Patricia Trainor, Plaintiffs, and Aaron Gary
S.116 Of The Courts of Justice Act Can Defendants Impose A Structured Settlement on the Plaintiff? Robert Roth Historically, at common law, a plaintiff was not obliged to accept a structured settlement,
1 LTD (Long Term Disability Plan) 2.1 Eligibility (a) (1) Regular full-time employees shall be covered by the Long Term Disability Plan upon completion of six months active employment with the Employer.
2008 PA Super 38 LINDA J. FAUST IN THE SUPERIOR COURT OF PENNSYLVANIA v. MICHAEL WALKER, Appellee APPEAL OF DOMESTIC RELATIONS OFFICE OF THE DAUPHIN COUNTY COURT OF COMMON PLEAS No. 1166 MDA 2007 Appeal
Court of Queen=s Bench of Alberta Citation: Ledcor Construction Limited v. Northbridge Indemnity Insurance Company, 2013 ABQB 585 Between: Action No.: 1203 09878 Ledcor Construction Limited Date: 20131007
Nova Scotia College of Art & Design Plan Document Number: G0080847 Group Policy Number: G0050232 Plan - All Employees Employee Name: Certificate Number: Welcome to Your Group Benefit Program Plan Document
Personal Property Title Insurance (PPT-1) Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address
THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)
MONTANA SELF INSURERS ASSOCIATION Executive Director Bob Worthington Board of Directors Rick Clark Plum Creek Timber Co Tim Fitzpatrick MT Schools Group Donna Haeder NorthWestern Corp Marv Jordan MT Contractors
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT Israel : : v. : No. 3:98cv302(JBA) : State Farm Mutual Automobile : Insurance Company et al. : Ruling on Motion for Summary Judgment [Doc. #82] After
The Insurance Amendment Act One Year Later Andrew P. Loewen Fillmore Riley LLP 1700-360 Main Street Winnipeg, MB R3C 3Z3 (204) 957-8360 Email: firstname.lastname@example.org 1 On September 1, 2014, the
Ontario Works Directives 4.6: Settlement Agreements and Other Awards Legislative Authority Section 7(3) of the Act. Sections 14(1), 17(2), 39(1), (3) and (4), 53, 54 and 62(3) of Regulation 134/98. Audit
LONG-TERM DISABILITY BENEFITS Revised September 1, 2004 No. 6 (*) 7000CI-U-EZ E O BENEFIT INFORMATION WHY LONG-TERM DISABILITY COVERAGE People tend to take their good health and ability to work for granted.
caledon commentary April 2001 ISBN # 1-894598-58-X Read the Fine Print! There is good reason why the Canadian Life and Health Insurance Association uses bold typeface to advise potential buyers of private
! " #$%&' ( First, an important note from our lawyers. This booklet is intended only as a guide and does not establish any legal rights. It is intended as a summary of the benefits provided at the time
How do We define Total Disability? LONG-TERM DISABILITY BENEFITS If the institutions are in session, Total Disability or Totally Disabled means that during the first 24 consecutive months of benefit payments
Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT Revised Statutes of Alberta 2000 Chapter M-22 Current as of April 1, 2015 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s
ABORIGINAL PRACTICE POINTS Creditors' remedies under the Indian Act This material was prepared and updated by Robert Cherniak, and originally appeared in British Columbia Creditors Remedies An Annotated
2001 WI App 12 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 00-0950 Complete Title of Case: ALICIA DANIELSON, V. PLAINTIFF-APPELLANT, ANDREA H. GASPER, ABC INSURANCE COMPANY, AND WISCONSIN
Supreme Court of Florida No. SC02-2659 CYNTHIA CLEFF NORMAN, Petitioner, vs. TERRI LAMARRIA FARROW, Respondent. [June 24, 2004] WELLS, J. We have for review Norman v. Farrow, 832 So. 2d 158 (Fla. 1st DCA
1 STIIP (Short Term Illness and Injury Plan) 1.1 Eligibility (a) Regular employees shall be covered by the Short Term Illness and Injury Plan upon completion of six months active service with the Employer.
SUPREME COURT OF MISSOURI en banc MORRIS JONES and ) PAMELA BROWN, ) ) Appellants/Cross-Respondents, ) ) vs. ) No. SC89844 ) MID-CENTURY INSURANCE CO., ) ) Respondent/Cross-Appellant. ) Appeal from the
Ledcor Construction Limited (respondent/plaintiff) v. Northbridge Indemnity Insurance Company, Royal & Sun Alliance Insurance Company of Canada, and Chartis Insurance Company of Canada (appellants/defendants)
Insurance TYPES OF POLICIES There are as many types of insurance policies as there are risks. During a disaster people may draw upon health, property and casualty and life insurance. These types of policies
An Overview of Florida s Insurance Premium Tax Report Number 2007-122 October 2006 Prepared for The Florida Senate Prepared by Committee on Finance and Tax Table of Contents Summary... separate document
INTRODUCTION This information booklet has been prepared to give you an informal summary of the main features of your group insurance program. This booklet is not an insurance policy, and does not grant
Excluded Employees Continuation of Benefits Coverage while on Leave Life Insurance, Long Term Disability (LTD), Health and Dental, Pension This document is intended to serve as a summary of your benefits
For more information please visit Strategic Capital Corporation at www.strategiccapital.com, or contact us at Toll Free: 1-866-256-0088 or email us at email@example.com. ANNOTATED LAWS OF MASSACHUSETTS
IN THE COMMONWEALTH COURT OF PENNSYLVANIA Karen Davis, No. 216 C.D. 2015 Petitioner Argued November 16, 2015 v. Workers Compensation Appeal Board (PA Social Services Union and Netherlands Insurance Company),
St. Thomas University Group Policy Number: G0050234 Plan B: Support Staff Employee Name: Certificate Number: Welcome to Your Group Benefit Program Group Policy Effective Date: September 1, 2010 This Benefit
ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Assemblyman JOHN J. BURZICHELLI District (Salem, Cumberland and Gloucester) Co-Sponsored by: Assemblyman
Ontario Supreme Court Ross v. Christian & Timbers Inc. Date: 2002-04-30 Mark Ross, Plaintiff and Christian and Timbers, Inc., Defendant Ontario Superior Court of Justice Swinton J. Heard: April 18, 2002
GUIDELINES FOR CLAIMS FOR COMPENSATION FOLLOWING THE DEATH OF A WORKER Release Date: 1 July 2014 Contact Person: Greta Madsen Contact Number: 03 9641 1830 Effective Date: 1 July 2014 1 Contents PREAMBLE...
The Road Ahead A Planned Approach to Auto Insurance Solutions Financial Institutions Division March 2003 Minister s Letter This Government, like you and other consumers, is concerned about the effect of
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NOT PRECEDENTIAL No. 08-1412 In re: GEORGE W. COLE, Debtor CITY OF WILKES-BARRE, Appellant v. ROBERT P. SHEILS, Jr., Trustee On Appeal from the United
STRUCTURED SETTLEMENTS Structured Attorney s Fees Preparing for Your Financial Future 7/13 26169-13B Table of Contents Managing Your Retirement... 2 The Power of Tax Deferral... 3 Structured Attorney s
Short Term Disability Income Protection Plan Effective Date: January 1, 2012 Contact Information Plan Administrator: Address and Telephone #: AOL Inc. 22000 AOL Way Dulles, VA 20166 703-265-1968 703-265-3981
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
MELOCHE MONNEX COMMENTS ON THE REVIEW OF AUTOMOBILE INSURANCE IN NEWFOUNDLAND AND LABRADOR Presented to the Board of Commissioners of Public Utilities February 2005 TABLE OF CONTENT PREAMBLE... 3 INTRODUCTION...
Page 1 PCL Constructors Canada Inc. v. Encon Group PCL Constructors Canada Inc. (Applicant) and The Encon Group, Encon Insurance Managers Inc., Temple Insurance Company (Respondents) Ontario Superior Court
NOTICE OF SETTLEMENT APPROVAL NOTICE OF SETTLEMENT OF CLASS ACTION Joseph Michael O Neill v. General Motors of Canada Limited Court File No. CV-10-40251500CP PLEASE READ THIS NOTICE CAREFULLY AS IT MAY
The Sale of Structured Settlements in Minnesota Structured Settlements The term structured settlement is defined in Minnesota statutes as an arrangement: for the periodic payment of damages for personal
August 2013 Labour & Employment Law Section Understanding How Termination and Severance Pay will be Offset Against Disability Benefits** Hugh R. Scher and Caroline Schulz The relationship between disability
NOTICE OF CERTIFICATION AND SETTLEMENT APPROVAL CANADIAN CLASS ACTION RE: UNPAID MECHANICAL AND VIDEO ROYALTIES AND COPYRIGHT INFRINGEMENT PLEASE READ THIS NOTICE CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS
Professional Indemnity Insurance (PII) Policy 2015/16 Lawcover Insurance Pty Limited ABN 15 095 082 509 Level 13, 383 Kent Street Sydney NSW 2000 DX 13013 Sydney Market Street Telephone: 1800 650 748 (02)
AUTOMOBILE INSURANCE IN THE PROVINCE OF ONTARIO 159 AUTOMOBILE INSURANCE IN THE PROVINCE OF ONTARIO BY JOHN EDWARDS INTRODUCTION During 1936, 138 insurers reported automobile insurance premiums written
BETWEEN: SHEILA WOODS, and Docket: 2008-518(IT)G Appellant, HER MAJESTY THE QUEEN, Respondent. Appeal heard on February 10, 2010, at Ottawa, Canada. Before: The Honourable Justice Patrick Boyle Appearances:
Information Canada s Life and Health Insurers Canada s Financial Services Sector September 2002 Overview Canada s life and health insurance industry comprises 120 firms, down from 163 companies in 1990,
TEL. (613) 567-9724 KENNETH C. POPE LL.B TEP FAX (613) 594-4837 BARRISTER, SOLICITOR and NOTARY PUBLIC SUITE 600-251 BANK STREET OTTAWA, ONTARIO K2P 1X3 Toll Free 1-866 - 536-7673 www.kpopelaw.ca Kpope@kpopelaw.ca
CONTINGENCY FEE RETAINER AGREEMENT This contingency fee retainer agreement is B E T W E E N : POTESTIO LAW FIRM 401 Bay Street, Suite 1400 Toronto ON M5H 2Y4 Tel: 905 850 2642 Fax: 905 850 8544 Toll Free:
IN THE SUPREME COURT OF BRITISH COLUMBIA No. L021060 Vancouver Registry Between: And: DOROTHY YOUNG SHELL CANADA LIMITED Brought under the Class Proceedings Act, R.S.B.C. 1996, c. 50 Plaintiff Defendant
Canadian Employment Law Overview for U.S. Employers 110 Yonge Street Suite 1100 Toronto Ontario M5C 1T4 Tel: 416-862-1616 Toll Free: 1-866-821-7306 www.stringerllp.com Stringer LLP, all rights reserved
CAR ACCIDENT GUIDE TABLE OF CONTENTS Page Introduction... 1 First Step... 1 Finding and Hiring a Lawyer... 1 Financial Arrangements... 2 Your Claim... 3 Documenting Your Claim... 5 Parties to the Claim...
Connecticut Judicial Branch Self-Represented Parties Information Series Filling Out and Filing a Financial Affidavit Short Form Slide 1 Welcome to the Connecticut Judicial Branch Law Libraries Self-Represented
STRUCTURED SETTLEMENTS Structured Attorney s Fees Preparing for Your Financial Future 6/15 26169-15A Table of Contents Managing Your Retirement... 2 The Power of Tax Deferral... 3 Structured Attorney s
Remedies and Damages Available in Long Term Disability Litigation Andrew Wray and Niiti Simmonds 1 Pinto Wray James LLP Table of Contents I. Introduction... 2 II. Basic Features of Long Term Disability
October 5, 2011 Remaining Changes to Alberta s Insurance Act to Come into Force on July 1, 2012 Parlee McLaws LLP Although the Insurance Amendment Act, 2008, which contains important changes to Alberta
November 2012 Construction Law Section Creditor Priority as between Factoring Companies and Lienholders in the Wake of the Alberta Decision in Van T Holdings Inc. v. KCS Equipment Ltd. By Karen Groulx*
FOR PUBLICATION ATTORNEY FOR APPELLANT: ROBERT M. EDWARDS, JR. Jones Obenchain, LLP South Bend, Indiana ATTORNEY FOR APPELLEE: KATHRYN A. MOLL Nation Schoening Moll Fortville, Indiana IN THE COURT OF APPEALS
TINA L. TALMADGE, v. Plaintiff-Appellant, NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION CONNIE S. BURN and ALVAN A. BURN, and Defendants, THE HARTFORD, Defendant/Intervenor- Respondent.
STRUCTURED SETTLEMENTS Structured Attorney s Fees Preparing for Your Financial Future 1/13 26169-13A Table of Contents Planning for the Future by Structuring the Attorney s Fee... 1 Managing Your Retirement...