After a construction accident, Mr. Leonard severed his spinal cord and lost function from the waste down. His policy through Manulife covered loss of use of both his lower limbs. However, Mr. Leonard continued to rehabilitate himself and through the building of muscles in his pelvis taught himself how to swing his legs around to slowly ‘walk’.
After learning of this, the insurance company refused to pay, stating Mr. Leonard had ‘rehabilitated out of (his) claim.’ At trial, Alfred Kwinter argued and the judge agreed, that Mr. Leonard had not in fact rehabilitated out of the claim as he could not walk in a controlled manner. He had rather taught himself to use his legs as prostheses, confirming he still had not regained any feeling or controlled motion below his waist.
Alfred Kwinter’s client was awarded the full claim plus interest and all legal costs.
Alfred M. Kwinter T. Leonard vs. Manulife Insurance