A Primer On Long Term Disability Claims—Three Important Considerations

Denials of long-term disability benefits are an important area of personal injury law. When reading an LTD insurance policy, it is not always clear that civil actions may be initiated against an insurance company that refuses to pay benefits. Rather than being a tort claim, this is a contract claim where the plaintiff sues the insurer in order to have the policy enforced. Here are three important considerations.

Am I entitled to LTD benefits?

LTD benefits typically are payable after an insured suffers a "total disability." A majority of the Supreme Court of Canada held in Paul Revere Life Insurance Co v Sucharov, 1983 CanLII 168 that this test is met when an individual is unable to substantially perform all the duties of his or her employment. Total physical disability is not required.