Is a disability insured an ad hoc fiduciary to the insurer when she collects workers' compensation benefits?
Nova Scotia, Canada
The following excerpt is from Standard Life Assurance Company of Canada v. Landry, 2012 NSSC 228 (CanLII):
Comments on Confederation Life and Armstrong v. Lang. These authorities do not persuade me that a disability insured is an ad hoc fiduciary to the insurer when she collects workers' compensation benefits on account of which she is obligated to make reimbursement of disability benefits paid by the insurer. They are not persuasive on the issue of discretion or on the issue of an undertaking.
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