NOVA SCOTIA COURT OF APPEAL
Citation: Haggart v. Nova Scotia Public Service Long Term Disability Plan Trust Fund, 2003 NSCA 132
Date: 20031205
Docket: CA194437
Registry: Halifax
Between:
William Haggart
Appellant
v.
The Nova Scotia Public Service
Long Term Disability Plan Trust Fund
Respondent
Judge: Saunders, J.A.
Appeal Heard: December 2, 2003
Subject: Interpretation of an insurance contract. Long term disability benefits.
Summary: Mr. Haggart appealed the trial judge’s dismissal of his claim wherein he sued his long term disability insurer claiming breach of contract for termination of his benefits after he refused to submit to a psychological assessment as recommended. He also claimed bad faith and sought aggravated and punitive damages against the insurer.
Held: Appeal dismissed.
The trial judge conducted a careful assessment of the material evidence and provided a well-articulated and reasoned analysis for dismissing the claim. No error found in his interpretation of the contract and guidelines or its application to the evidence. His strong findings of fact were all supported by the evidence and there was nothing to warrant this court’s intervention.
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