Success Stories
Image: Success Story: Alexander Kim

Success Story: Alexander Kim

When Alexander Kim passed away at the age of 47 due to cancer, he left behind a wife and young daughter, but he didn’t leave them without financial protection.

Alexander, a financial analyst, was the sole breadwinner of the family. He purchased a term life insurance policy with a benefit amount of $250,000, eight months before he was diagnosed with Stage IV esophageal cancer. He died almost one year later.

His wife, Tracy, was the beneficiary of the policy. She submitted a claim for the life insurance benefit a short while after Alexander’s passing. Tracy was a bit surprised that the insurance company was withholding payment even after she supplied them with her husband’s death certificate, and though she grew frustrated with their numerous requests for information, she did her best to cooperate, hoping that they would eventually be satisfied and pay her the full benefit amount so she could take care of her daughter.

She was shocked when RBC finally responded with a letter refusing to pay out, along with a cheque in the amount of $2400, refunding the total premiums Alexander had paid for the policy.

Insurer Claims "Material Misrepresentation"

RBC alleged that Alexander had failed to disclose he had consulted a doctor regarding cancer in his initial application for coverage. His medical records showed that, two years before his cancer diagnosis, Alexander had visited his family doctor complaining of heartburn and difficulty swallowing. His family doctor had ordered an ultrasound but Alexander had never gotten around to visiting the ultrasound clinic.

When Alexander’s symptoms became worse two years later, after he had purchased the policy, he went back to his doctor. A second ultrasound was ordered as well as a biopsy and, this time, Alexander underwent the tests.

The results confirmed that he had cancer. According to RBC, this was a clear indication that Alexander had purchased the policy with the knowledge that he was ill.

She Called The Experts For Help

When David Share met with Tracy, he explained that her case was, unfortunately, not unique. When death occurs within the first two years of a life insurance policy, it is often contested by the insurer. They investigate the claim for material misrepresentation–in other words, incorrect information the life insured may have innocently or fraudulently provided during the underwriting process–and review the claim against the specific clauses of the policy that apply during the two year contestability period.

The good news was that Mr. Share believed he could help Tracy to get the life insurance benefit her husband had intended for her and their daughter.

Tracy retained Share Lawyers to fight the insurance company on her behalf, and immediately felt a burden removed from her shoulders. With a team of experienced lawyers on her side, all she had to do was wait for results.

Overturning The Insurer's Decision

After a thorough review of Alexander’s medical information, Share Lawyers was able to determine that, even though Alexander had experienced symptoms that may very well have been early signs of esophageal cancer, he had not received any indication by his doctors that he was being tested for cancer when he was ordered to have an ultrasound. Moreover, his doctor had not made any mention of cancer in his clinical notes and records.

Since Alexander was diagnosed with cancer after he had purchased the policy, Share Lawyers determined that he had answered all the questions in his application for life insurance truthfully and accurately.

The insurance company finally backed down. Tracy was awarded the full benefit of $250,000.

*Names have been fictionalized to protect the privacy of our clients.

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A note from our long term disability lawyers

Taking a medical leave from work is not an easy decision to make. Concerns about providing for yourself and your family and keeping your job may cause you to want to push through your pain, but this won’t make your problems go away. Stopping work is often the smartest decision for your long term health and well-being, and your disability benefits are there to provide you with financial support until you can return to work.

If you have made the tough decision to stop working and apply for your short term disability or long term disability benefits, you may feel overwhelmed by the process and have questions that your employer and your insurance company are not able or willing to answer. Share is There to see you through and answer your questions.

Our Disability law firm knows what you have been going through

We understand that things have not been easy for you over the last little while. Your health has been suffering, you are unable to work, and now your insurance company, who was supposed to be there in your time of need, has decided they will not pay your disability benefits or respect your disability claim. These benefits exist to provide you with the financial support you need so that you can focus on your health and rebuilding your life. It is unfortunate that your insurance company has not lived up to its promise. If your disability claim has been denied, we will fight to get you the benefits you are entitled to. Our disability lawyers have helped thousands of Canadians get their long term disability benefits over the past 35 years, and we can help you too.

Our experienced disability lawyers can fight back on your behalf

Share Lawyers believes that every client who is dealing with a disability claim deserves superior personal service. To achieve that goal, we have developed our team of experienced, compassionate, and caring long term disability lawyers, law clerks, and administrative staff to meet all of your needs. Our team of experienced long term disability, life insurance, employment, and critical illness insurance lawyers have made successful claims against many insurance companies, third-party administrators and employers.

If you are unable to work, your disability benefits should be there to provide you with the financial support you need. While your insurance company may be focused on finding ways to avoid paying your claim, our focus is on what is in your best interest. When Share Lawyers gets involved, you have an entire team of lawyers that are there to support you and to fight for what is yours.

Our disability claim lawyers fight for your disability insurance claim by relying on our many years of experience to apply the best strategic planning and approach in each case, using the latest technology available. Experience matters, and with Share Lawyers, you are in the best hands with 35 years of success on your side.


In this video, we explain the role of a long term disability lawyer and how we can support you when you have been denied your long term disability benefits.





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