Hogarth v The Great-West Life Assurance Company, 2017 ONSC 464 (CanLII)
The Ontario Lottery and Gaming Cooperation (the employer) seeks to bar a claim by Hogarth (the insured) based on the Limitations Act in the case Hogarth v. Great West Live Assurance Co. et al., where GWL was not a party.
Hogarth worked for the Ontario Lottery and Gaming Cooperation and suffered a disability though a car accident. OLG provided disability insurance managed by Great West Life Assurance Co. (GWL). Hogarth sought, and received, long term disability benefits for approximately 18 months before they were interrupted by GWL. GWL maintained that she was no longer disabled. After that, GWL reinstated her benefits for two months and then terminated them again.
Hogarth commenced action against GWL in February of 2009 as a result of discontinuing her benefits. The litigation was settled for a lump some payment. Following the settlement, OLG refunded all of Hogarth’s benefits premium payments stating she was not required to pay them while on disability leave.
On May 26, 2011, OLG terminated Hogarth because she was unable to fulfill her duties in her role.
- After September 15th, 2011 OLG terminated her supplementary health, dental, and life insurance benefits for non-payment of
- Documentation was unclear as to whether or not Hogarth was supposed to pay her premiums while disabled.
- OLG has previously terminated and then reinstated her benefits and refunded her premiums.
The Judge denied OLG’s motion because there was no clear evidence as to whether or not Hogarth should have been paying premiums.
It’s essential to fully understand your commitments in order to prevent temporary termination of benefits. Seek the assistance of a qualified attorney.
Should you find yourself in a similar position to Hogarth wherein there are questions about whether or not you should pay your insurance premiums, contact a disability insurance lawyer to assist you in recovering money you rightfully deserve.