Can a person whose claim has been rejected be stated unequivocally to be a person who is entitled to the benefits?
New Brunswick, Canada
The following excerpt is from Richard v. Arsenault, 2002 NBQB 94 (CanLII):
However as mentioned in Brown v. Bouwkamp supra: “…Nor, in our opinion, can a person whose claim has been rejected be stated unequivocally to be a person who is ‘entitled’ to the benefits. To so describe her would be to prejudge the merits of the grounds on which the insurer had rejected his claim.”
In Morris v. Collette (2001) N.B.J. No 301, I was of the view that the Section B weekly indemnity should be deducted. However the facts of that case are different.
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