Insurance companies should consider wording carefully
January 14, 2019 by Michael McKiernan
Insurance companies may want to rethink the wording of their consumer-facing policies after the Court of Appeal for Ontario restored a class action by life insurance policy holders against their insurers, according to a Toronto lawyer.
In Fehr v. Sun Life Assurance Company of Canada, a three-judge panel of the province’s top court certified the $2.5-billion class action, overturning the decision of a motion judge who granted Sun Life summary judgment dismissing the claim. Although a judge has yet to tackle the merits of the underlying claim, civil litigator Jeffrey Leon says the latest ruling is just one in a series of decisions by Canadian courts interpreting agreements between large corporate entities and relatively unsophisticated individuals with a “consumer-focused approach.”
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