Is loss of earning capacity an exclusion rider or exclusion rider for personal injury insurance?

The plaintiff also claims for loss of insurability for disability insurance as a result of his injuries. He has been refused coverage under a group disability insurance policy. The group insurer suggested that the plaintiff might obtain coverage under an individual policy with an exclusion rider or extra premium. An exclusion rider presumably would exclude risks of occupational disability related to his injuries. I think those risks are already included within the normal loss of earning capacity assessment and further allowance would involve duplication: Bojanowski v. Domenis, [1994] B.C.J. No. 833. The cost of insurance for other disability risks, unrelated to his injuries, may be more expensive under an individual policy with special terms. There is no evidence as to the amount of that extra cost. I therefore consider it as a modest general factor included in the total award for loss of earning capacity.