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Loan Insurance – Foot Pain – Definition of the Term “Total Disability” Under the Insurance Contract

February 2017 Donati Maisonneuve, Quebec

Bourdeau v. Desjardins Sécurité Financière, [2016] QCCQ 10602.

The Court was asked to rule on whether Michel Bourdeau (“Bourdeau”) could be considered totally disabled under the insurance coverage issued by Desjardins Sécurité Financière (“Desjardins”), that is to say, if he is able to work normally in terms of quantity, quality, and duration. In 2007, Bourdeau was diagnosed with type 2 diabetes with polyneuropathy essentially affecting his lower limbs. Due to his health problems, he experiences severe foot pain that prevents him from leading a normal life as far as both leisure activities and work are concerned.

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