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Jan 27, 2017

Supreme Court of Canada decision: Insurance Shortfall

The Supreme Court of Canada released the following decision:

Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7, File no. 36575

(Insurance — Automobile insurance — Excess insurance policy — SEF 44 Endorsement — Deductions — Insured awarded damages for injuries sustained in motor vehicle accident — Tortfeasor’s insurance coverage inadequate to cover quantum of jury award — Clause of insured’s Endorsement stipulating that amounts recoverable under “any policy of insurance providing disability benefits or loss of income benefits or medical expense or rehabilitation benefits” must be deducted from shortfall of damages award in determining amount payable by insurer — Whether Canada Pension Plan is a “policy of insurance providing disability benefits” within meaning of Endorsement.)


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