Insurance Bad Faith

Insurance policies are sold on the basis they pay claims for an unanticipated event that results in a loss. This can include claims arising from damage to property and under disability and life insurance policies. When something goes wrong resulting in a claim, the insurance policy sets out the terms of coverage. If covered, the insured is compensated for the loss. While this process can go very smoothly without problems, sometimes insurance companies take the position your claim is not covered and deny coverage for the claim. Not only can that decision can be wrong and unfair, it can result...

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Court orders insurer to produce internal documents.

On April 29, 2019 the Nova Scotia Supreme Court ordered an insurance company to produce its policies, procedures, guidelines and internal documents concerning how an accident benefits claim was handled in a bad faith action. In Malloy v. Intact Insurance Co., [2019] N.S.J. No. 170, 2019 NSSC 131, Shauna Malloy was injured in a motor vehicle accident. Ms. Malloy’s insurer, Intact, accepted the claim for accident benefits, but denied reimbursement for a medical procedure. Ms. Malloy sued alleging bad faith and sought an order that Intact produce its policies, procedures, guidelines,...

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Employer liable for Manulife’s human right’s violation.

On March 19, 2019, the Human Rights Tribunal of Ontario found that Manulife’s handling of a disability claim was “significantly flawed” (paragraph 36), amounting to a breach of Marianne Knight’s human rights. The Tribunal found that the employer,  Surrey Place Centre, “delegated” it’s responsibilities to Manulife. As Manulife was acting as the legal agent of the employer, it was the employer who was made to pay for Manulife’s conduct. In Knight v. Surrey Place Centre, 2019 HRTO 482, the medical evidence showed that Ms. Knight was experiencing...

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Settle your long-term disability claim – it’s GOOD for you.

Have you made a claim with an insurance company for long-term disability benefits? Has your claim for long-term disability benefits been denied? Have your long-term disability benefits been approved, only to be terminated? Is the struggle slowly killing you? The solution? Settle. It’s good for you. Here’s why. Financial Peace of Mind: A claimant and his or her family frequently face dire financial consequences when the claimant is disabled from working, and then deprived of the disability benefits on which they had expected to rely. A lump sum settlement of a disability claim...

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Appeal Court approves injury settlement of less than 10% of full value.

On November 29 2018, BC Court of Appeal approved the settlement of a claim, potentially worth more than $400,000.00, for the all inclusive sum of 35,000.00. In Deo v. Vancouver, 2018 BCCA 464, a child suffered serious injuries at school, leaving him partially blind. He sued for damages and was largely unsuccessful on proving liability at trial. The child’s lawyer valued the claim at over $400,000, but before the liability appeals could be heard a settlement of $35,000 was reached. The child, being a minor, could not legally agree to any settlement and judicial approval was...

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