A self employed man was injured three times and unable to continue work as a brick layer. His insurance company refused to pay ongoing benefits. He was awarded damages.

April 02, 2013, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

A 40 year old, grade 8 educated, self-employed brick layer fell twice while working injuring his back in 2004.  Several months later he was in a car accident injuring his left shoulder and neck. He could no longer work as a brick layer and was forced to close his business as a result. He had purchased private disability insurance in 2002 which he paid the premiums on, and continued to do so even after his injuries.

The insurance company paid benefits for two years then ceased. A functional assessment concluded that the only work he was now suited for was as a parking lot attendant.  The insurer investigated and observed the man doing physical activities which they deemed were grounds to cease benefits. Medical reports substantiated the injuries, and supported his inablility to perform the tasks of owning and operating his brick laying company.

Upon trial the judge determined the insurance company to be in breach of contract, and awarded retroactive benefits. The trial judge also found the insurance company to have acted in bad faith, and awarded both punitive damages and aggravated damages. For the full transcript you can look here.


Posted under Personal Injury, Car Accidents, Disability Insurance

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