Kerwin v. Manulife Financial, 2017 ONSC 7166 (CanLII)
In the case of Kerwin v. Manulife Financial, Manulife (the insurer), Kerwin was approved and receiving long-term disability benefits when he began to receive a retirement settlement from his former employer. Manulife was asking the court to deduct the amount of the retirement funds Kerwin received from the long-term disability payments Manlife was providing him.
Kerwin was involved in a motor vehicle accident on June 30, 2015 and was severely injured. As a result, he claimed and received short term disability benefits from AT&T. Following the short-term leave, Kerwin was still unable to return to work and transitioned to receiving long-term disability benefits from Manulife.
Kerwin attempted to return to work gradually, however, he was terminated on September 29, 2015. He received a settlement from his employer in the amount of $314,843.00 on February 4th, 2016.
Manulife ceased Kerwin’s payments in October 2015, and resumed them again on October 13th, 2017, maintaining that they were permitted to deduct Kerwin’s settlement funds from the benefits payments Manulife was providing him.
- Kerwin commenced an action against Manulife to force Manlife to pay all benefits to him under the policy without a deduction for the settlement money he received.
- Manulife’s position was that Kerwin should not have brought an action against them in the first place as they believe they are entitled to deduct the funds from the benefits payments.
The Judge did not dismiss Kerwin’s claim. Ruling that the information provided was insufficient, the Judge dismissed Manulife’s motion, believing that the issue needed to progress to court.
If you find yourself in a situation in which you are disabled, you need an effective lawyer to protect all of your potential benefits.
Should you find yourself in a similar position to Kerwin wherein your benefits company is denying your claim, contact a disability insurance lawyer to assist you in recovering money you rightfully deserve.