Insured has a right to independent medical examiner’s handwritten notes

In a decision handed down February 1, 2008, the Federal Court of Appeal ruled that an insured sent for an independent medical examination by his long-term disability benefits insurer is entitled to access the medical examiner’s handwritten notes in a dispute as to the insured’s continued eligibility to receive benefits.

In Rousseau v. Canada (Privacy Commissioner), 2008 FCA 39 , the insured, Jacques Rousseau, had been receiving long-term disability benefits from Maritime

Posted at 04/09/08 15:14 | no comments | Filed Under: Conduct of litigation

When Section B expenses are “incurred”

The decision of the Nova Scotia Small Claims Court in Rushton v. Economical Mutual Insurance Company, 2007 NSSM 90 is a good example of a situation where the correct application of the law might run counter to what an intuitive approach might suggest.

Posted at 04/06/08 11:45 | no comments | Filed Under: No fault/Section B

About

Franco P. Tarulli has been in the practice of law since 1997, with admission to the bars of both Alberta and Nova Scotia, Canada.  He has a long-standing interest in litigation, legal ethics and professional responsibility.  Presently, he lives in Nova Scotia, Canada, and carries on a litigation practice with Haynes Law in downtown Halifax.

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