What is the test for determining whether there has been a clear and unequivocal denial of benefits?
British Columbia, Canada
The following excerpt is from Sander v. Sun Life Assurance Company of Canada, 2009 BCSC 1301 (CanLII):
One of the arguments asserted by the appellant in Pekarek v. Manufacturers Life Insurance Company, 2006 BCCA 250 (CanLII), was that the trial judge had misstated the legal test for determining whether there had been a “clear and unequivocal” denial of benefits and suggested that there was an obligation on the insurer to provide actual notice that the limitation period was commencing to run.
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