Disability Insurance – In situations where it is impossible to act, the one-year delay stipulated in Article 2435 C.C.Q. is a compulsory period that extinguishes the insured’s right to receive benefits regardless of whether the insured is aware of the loss or not - RMC

Disability Insurance – In situations where it is impossible to act, the one-year delay stipulated in Article 2435 C.C.Q. is a compulsory period that extinguishes the insured’s right to receive benefits regardless of whether the insured is aware of the loss or not

July 24, 2016

Mohamed Benkhaldoun c. Financière Manuvie, [2016] QCCA 498.

This case is anconsists in the appeal of from a judgment rendered by the Court of Quebec granting a motion for in dismissal inadmissibility by Financière Manuvie (“Manulife”) and dismissing the motion to institute proceedings filed by Mohamed Benkhaldoun (“Benkhaldoun”) whereby he is was claiming the payment of long-term disability insurance benefits. The Court rejected denied the appeal.

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Disability Insurance – In situations where it is impossible to act, the one-year delay stipulated in Article 2435 C.C.Q. is a compulsory period that extinguishes the insured’s right to receive benefits regardless of whether the insured is aware of the loss or not

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