Justice Ann Smith of the Supreme Court of Nova Scotia recently
dismissed an action against a disability insurer for being out of
time. The case, Richards Estate v
Industrial Alliance Insurance and Financial Services,
helpfully reviews the interplay between the Insurance Act,
the Limitation of Actions Act, and the test for summary
judgment.
Facts
Paul Thomas Richards became unable to work in late 2008 due to
fatigue, depression, and other ailments. He received long-term
disability (LTD) benefits from the defendant, Industrial Alliance,
until 2011, when he was advised by Industrial Alliance that he no
longer satisfied the definition of total disability in his group
LTD Policy. Mr. Richards appealed the decision to terminate LTD
benefits, and his appeal was denied in March 2012.
