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ARTICLE · 28 APRIL 2021

Ground-breaking Insurance Act Ruling Confirms Effect Of Misrepresentation On Indemnity

Ali Abbas was ejected through the windshield of an uninsured vehicle during a head-on collision on November 17, 2016.

CanadaLitigation, Mediation & Arbitration

Ali Abbas was ejected through the windshield of an uninsured vehicle during a head-on collision on November 17, 2016. He spent approximately nine days in a coma and suffered a myriad of life threatening injuries, but made what many would consider to be a miraculous recovery.

Six months later, Mr. Abbas turned to Esurance Insurance Company for Section B – Total Disability Benefits. Initially he told the adjuster he was not employed at the time of the accident, but worked six of the twelve months preceding it. Shortly thereafter, however, he submitted a claim form indicating he was only employed for three of the twelve preceding months.

He later told the adjuster he must have completed the form incorrectly and that he actually worked nine of the twelve months preceding the accident. The adjuster pointed out that his Employer's Certificate indicated he only worked three of the twelve preceding months, which Mr. Abbas claimed to be incorrect.

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