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SCC benefits ruling seen as consumer win

Monday, February 06, 2017 @ 10:56 AM | By Cristin Schmitz

In a win for consumers and injured plaintiffs across Canada, the Supreme Court has ruled 7-0 that insurers can’t reduce their excess insurance payouts under their auto policies’ standard endorsement form 44 by the amount of plaintiffs’ Canada Pension Plan disability benefits.

“The clear language of the provision, reading the contract as a whole, is unambiguous,” Justice Andromache Karakatsanis concluded in allowing plaintiff Andrew Sabean’s appeal from a 2015 Nova Scotia Court of Appeal in favour of the respondent insurer: Sabean v. Portage La Prairie Mutual...