This appeal deals with the interpretation of a contract for additional underinsured motorist coverage and the application of the “collateral benefits rule”. The appeal court allowed the appellant insurer to set off against its own liability present and future long-term disability benefits received by the insured, pursuant to a private contract with another insurer. The appeal court held that the insurer enjoyed both a right of subrogation and an entitlement to an assignment with respect to its insured’s LTD benefits awarded because of a disability caused by the insured accident.
23. June 2004 0
Campbell-MacIsaac v. Deveaux,  N.S.J. No. 250, Nova Scotia Court of Appeal