Law360 Canada ( February 7, 2017, 10:28 AM EST) -- Appeal by Sabean from a judgment of the Nova Scotia Court of Appeal setting aside a trial judge decision holding that future Canada Pension Plan (CPP) disability benefits were not to be deducted from the amount payable under Sabean’s excess insurance policy. Sabean was injured in a motor vehicle accident in 2004. In May 2013, a jury awarded Sabean damages for his injuries in the amount of $465,400. The amount he received from the tortfeasor’s insurer was about $382,000, leaving a shortfall of more than $83,000, which Sabean claimed under the excess coverage provisions of his SEF 44 Endorsement with Portage La Prairie Mutual Insurance Company (Portage). Clause 4(b)(vii) of the Endorsement stipulated that amounts recoverable under "any policy of insurance providing disability benefits or loss of income benefits or medical expense or rehabilitation benefits" were to be deducted from the shortfall of the damages awarded in determining the amount payable by the insurer to the eligible claimant. Sabean was entitled to receive future CPP disability benefits. Portage claimed that those amounts were to be deducted as recoverable benefits from a "policy of insurance" under clause 4(b)(vii) in determining the amount payable by Portage. Sabean disagreed. The trial judge in this case found that CPP benefits were not benefits from a "policy of insurance" under the Endorsement and thus would not be deducted from the amount payable by the insurer. The Nova Scotia Court of Appeal disagreed, concluding that the CPP was a "policy of insurance" under the Endorsement. The issue in this appeal was whether the CPP was a "policy of insurance providing disability benefits" within the meaning of clause 4(b)(vii) of the SEF 44 Endorsement....