Canada’s top court has ruled that a man paralyzed by a sexually transmitted disease is not entitled to a disability payment from his health insurance company, saying the circumstances of his condition were outside the coverage of his policy.

The Supreme Court of Canada ruling overturns the B.C. Court of Appeal’s upholding of an earlier trial judge’s decision awarding a $200,000 benefit to the claimant.

The life and health insurance industry welcomed the court’s unanimous decision in the Co-operators Life Insurance Co. vs. Gibbens case.

“This outcome ensures that Canadians will continue to have access to affordable accident insurance,” said, Frank Swedlove, president of the Canadian Life and Health Insurance Association (CLHIA).

As an intervener in the case, CLHIA took the position that the bodily harm or death arising from natural causes in the ordinary course of events does not qualify as an “accident”, regardless of whether the individual expected to contract the disease or suffer harm as a result.

Traditionally, courts in Canada and other major common-law jurisdictions have consistently upheld this view.

IE