Fernandes v. Penncorp Life Insurance – long-term disability

In a recent decision, the Ontario Court of Appeal awarded a totally disabled man the sum of $236,773 in unpaid long-term disability benefits, $200,000 in punitive damages and $25,000 in damages for mental distress. This occurred when a disability insurance company refused to pay the man in the face of significant evidence of medical disability and even though its own expert suggested the man might be totally disabled. The man was also awarded substantial costs of the litigation of over $180,000.