Not all bad faith attracts punitive damages.
On November 3, 2020, the BC Court of Appeal held that not all bad faith conduct will result in an award of punitive damages. In Gascoigne v. Desjardins Financial Security Life Assurance Co. (c.o.b. Desjardins Insurance), [2020] B.C.J. No. 1821, 2020 BCCA 316, the insured, an ICBC bodily injury adjuster, sued her disability insurer under her group benefits policy when her claim for long term disability benefits was denied. She developed inflammation of the tendons of her left elbow, requiring surgery, and subsequently developed depression. At trial, the medical evidence established that she...
read moreBusiness Interruption Insurance During COVID-19
Recouping business losses during COVID-19 pandemic Since the outset of the Covid-19 pandemic and the resulting closures of non-essential services across Canada, many businesses have sought to access their business interruption insurance to recoup some of their losses. Most business interruption policies require the insured to prove direct physical loss or damage to their premises in order to access their insurance coverage. Unfortunately, that is difficult to show given that the pandemic is widespread and most closures were ordered by public health authorities as a precautionary measure....
read moreWhen returning to work is a risky proposition.
As workplaces slowly begin to reopen over the next several weeks and months, many of us might feel anxious about returning to work and the possibility of being exposed to COVID-19. However, if you are someone who has a medical condition that puts you at an increased risk for serious complications from COVID-19, you might decide that returning to work right now is not worth the risk. If you do decide not to return to work, you might be wondering whether you can apply for disability insurance benefits (such as short-term or long-term disability benefits), either through your employer’s group...
read moreTop 5 Reasons Insurers Deny Long Term Disability Claims
#1 – Insufficient Medical Documentation Insurance companies will often state that the medical documentation you provided does not support your claim that you are disabled from working. This is a catch-all tactic. They often do not explain why your documents are insufficient. If your doctors or treatment providers support your disability, you should generally qualify for your LTD policy. #2 – You Are Not “Totally Disabled” This is a conveniently misleading term that was crafted by insurance companies. The term “totally disabled” does not mean you need to be paralyzed,...
read moreDuring the pandemic I can’t get in to my doctor. Will that hurt my disability claim?
I represent people whose disability claims have been terminated or denied. A number of claims are denied on the basis that the insured has either been (a) not been receiving enough treatment or (b) not receiving the right treatment. This is typically a requirement under your insurance policy. During this period of self-isolation and social distancing due to COVID-19, and with fewer doctors scheduling appointments during this time, this requirement to get treatment becomes more difficult. I’ve been receiving a number of phone calls from concerned clients who have told me that they are having...
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