TYPES OF DAMAGES - General damages - Categories of - Emotional and mental distress - Exemplary or punitive damages

Law360 Canada ( February 26, 2018, 8:29 AM EST) -- Action by the plaintiff for damages for mental distress and punitive damages against the defendant insurer. The plaintiff was insured under a group disability insurance policy issued by the defendant. The plaintiff became totally disabled from her employment as a paralegal in June 2011 due to psychiatric illness, including a panic disorder, anxiety and depression. After a series of denials and appeals, despite medical evidence in support of the plaintiff's condition, the plaintiff's claim for Own Occupation benefits was allowed in November 2012. In July 2013, following an independent medical examination, the defendant denied the plaintiff's claim for Any Occupation benefits. Days before trial, the defendant advised the plaintiff it was electing to reinstate her disability benefits with interest on the outstanding arrears....
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