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Disability Insurance – In situations where it is impossible to act, the one-year delay stipulated in Article 2435 C.C.Q. is a compulsory period that extinguishes the insured’s right to receive benefits regardless of whether the insured is aware of the loss or not

July 2016 Donati Maisonneuve, Quebec

Mohamed Benkhaldoun c. Financière Manuvie, [2016] QCCA 498.

This case is anconsists in the appeal of from a judgment rendered by the Court of Quebec granting a motion for in dismissal inadmissibility by Financière Manuvie (“Manulife”) and dismissing the motion to institute proceedings filed by Mohamed Benkhaldoun (“Benkhaldoun”) whereby he is was claiming the payment of long-term disability insurance benefits. The Court rejected denied the appeal.