What is the test for determining whether there is a valid disability insurance claim?
New Brunswick, Canada
The following excerpt is from Atlantic Mack Sales (NB-NS) v. CitiCapital Commercial Corporation, 2004 NBQB 272 (CanLII):
In Clarke v. Manufacturer’s Life Insurance [2003] N.J. No.73. There was a question whether there was a valid disability insurance claim. Was the plaintiff disabled or not within the definition of the Insurance Policy? Lay people can determine as well as a judge whether a person was disabled or malingering. It was not complex.
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