Is a plaintiff totally disabled from any occupation under the terms of her disability policy?

British Columbia, Canada


The following excerpt is from Chaplin v. Sun Life, 2001 BCSC 310 (CanLII):

The plaintiff considers herself to be totally disabled from any occupation. The question however is whether she is totally disabled under the terms of the description in the policy. I echo here the words of Allan J. from Mathers v. Sun Life, supra, at p. 214-215: The policy specifies that the insured employee’s total disability must result from sickness or injury. The onus is on the insured employee to prove that sickness or injury. The plaintiff does not allege her disability stems from depression nor from psycho-social factors. She claims to be disabled by reason of fibromyalgia.

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