Can a person whose claim has been rejected be stated unequivocally to be a person who is entitled to the benefits?
New Brunswick, Canada
The following excerpt is from Richard v. Arsenault, 2002 NBQB 94 (CanLII):
However as mentioned in Brown v. Bouwkamp supra: “…Nor, in our opinion, can a person whose claim has been rejected be stated unequivocally to be a person who is ‘entitled’ to the benefits. To so describe her would be to prejudge the merits of the grounds on which the insurer had rejected his claim.”
In Morris v. Collette (2001) N.B.J. No 301, I was of the view that the Section B weekly indemnity should be deducted. However the facts of that case are different.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a plaintiff's claim for bad faith rejection of insurance benefits a tort/contract based tort or contract based claim? (New Brunswick, Canada)
If the wife’s claim in bankruptcy is unhinged from proprietary vesting concerns, would the wife's claim have been deemed to be “too uncertain” to value? (New Brunswick, Canada)
What is the difference between a claim and a claim? (New Brunswick, Canada)
Is a corporation controlled by the same person or group of persons? (New Brunswick, Canada)
What is the current state of the law in Canada regarding the duty of care of a person of ordinary fortitude under the Vanek Act? (New Brunswick, Canada)
What are the costs of a personal injury claim? (New Brunswick, Canada)
Is the petitioner entitled to benefit from the increased income of the respondent post-separation? (New Brunswick, Canada)
What is the test for making a claim for damages against a corporation in a personal injury action? (New Brunswick, Canada)
What is the purpose of a s.15.2 order for a review of a claim made by a party to a claim of sexual assault? (New Brunswick, Canada)
What are the alternative pleas in a claim for breach of contract, negligence and breach of fiduciary duties arising out of a solicitor-client relationship? (New Brunswick, Canada)
