What is the test for establishing that a person is disabled within the meaning of a disability insurance contract?
Saskatchewan, Canada
The following excerpt is from O.A. v. Saskatchewan Government Insurance, 2007 SKAIA 1 (CanLII):
In Collis v. Saskatchewan Government Insurance, [1998] TWL QB98113 at paragraph 5, Justice Wimmer stated: Cases dealing with disability insurance contracts hold that the insured has the onus of establishing that he or she is disabled within the meaning of the policy and, having done so, the onus shifts to the insurer to prove that benefits are not, or are no longer, payable. Also, the fact that the insurer at one time accepted the claim may weigh the balance in favour of the insured.
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