Disability Insurance denied on defence of fraud
KP was a linesman with Newfoundland Power. Many winter nights he endured the hazard of being aloft on repairing power failures. He had good earnings. His favorite past-time was darts.
He developed severe headaches. KP made repeated visits to the emergency room of the nearest hospital seeking pain narcotics. There was no diagnosis for his condition. Eight doctors signed a letter denying an underlying medical illness and refusing the right to narcotic pain medication.
KP's claim for ongoing disability benefits was denied. His insurer had him charged with fraud. Fortunately, he was acquitted by the jury. A conviction would have resulted in the automatic dismissal of any claim for long-term disability benefits.
AylwardLaw represented KP. Geoff retained a nationally recognized neurologist who diagnosed KP as having an extremely rare form of aneurysm which had been diagnosed less than 10 times worldwide.
Practice area(s): Insurance
Court: Newfoundland Supreme Court