Is a policy of insurance for LTD benefits a contract of indemnification?
New Brunswick, Canada
The following excerpt is from Carter v Province of New Brunswick, 2013 NBQB 239 (CanLII):
[17] Our Court of Appeal in Wilson v. Great-West Life Assurance Company 2008 NBCA 57, held that policies of insurance for LTD benefits are contracts of indemnity. As such, pursuant to common law rights of subrogation, LTD benefit payments cease upon the insured achieving full indemnification for loss of future income.
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