Is a long term disability insurance policy presumptively one of indemnity?
New Brunswick, Canada
The following excerpt is from Great-West Life Assurance Company v. Wilson, 2008 NBCA 57 (CanLII):
As can be gleaned from the Gibson v. Sun Life passage reproduced at paragraph 13 hereinabove, there is jurisprudential support for the view that a long term disability insurance policy is presumptively one of indemnity. It is otherwise only if the policy’s terms make it conclusive that the intention of the parties was not to enter into a contract of indemnity. That approach is appealing for both theoretical and practical reasons.
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