Insurer’s failure to “follow up” may attract punitive damages.
On May 4, 2010, the Nova Scotia Court of Appeal held in Kings Mutual Insurance Co. v. Ackermann, that by not following up on all the evidence relevant to the claim, withholding critical information from the adjuster engaged to investigate the claim and allowing the adjuster to present the results of the investigation in a partisan, biased and un-objective manner, the insurer’s actions were such that an award of punitive damages was rationally required to punish the insurer’s conduct. The insureds were insured for damage to their dairy barn for the peril of a “windstorm”, among other...
read moreCan an LTD claim be resolved without trial?
Although many disputed Long Term Disability claims lead to lawsuits, most claims settle before trial. There are a number of approaches a disability lawyer can pursue to resolve a long term disability claim without a trial: 1. Reinstatement – this is the simplest way to resolve a long term disability claim. The insurer will pay a lump sum to bring the disability benefit up to date (i.e. payment of arrears), and then restart payments under the disability policy. This type of resolution will often occur when the insured is young and the prognosis for a return to work is uncertain. In this...
read moreFact Sheet for ICBC and Personal Injury Clients.
DOS and DON’TS Do: See your doctor regularly so that he or she can provide us with a full report on your condition. Tell us if you visit a new doctor, chiropractor or physiotherapist for treatment of your injuries. Keep us informed of any important changes in your medical condition. Save any cast, collar, brace or other device that has been used in your treatment. These might be helpful if your case goes to court. Keep us advised of any change of your address, phone or work information. Save any receipts for any expenses related to the accident or your injuries (drugs, taxis, repair...
read more$25,000 damages awarded for mental distress.
On September 28, 2009, the Ontario Superior Court of Justice released its decision in McQueen v. Echelon General Insurance Co., [2009] O.J. No. 3965. The Court made a substantial award of mental distress damages against the insurer, Echelon, for denial of benefits in the amount of $25,000.00. BACKGROUND This case arose from a claim for statutory accident benefits and damages for breach of the insurer’s duty to act in good faith. The plaintiff sustained injuries in a rollover motor vehicle accident. At the time of the accident, she was unemployed and received benefits under the Ontario...
read moreManulife tried to avoid its own policy, and failed.
On August 17, 2009, The BC Supreme Court held that as between the limitation period in an insurance policy and the limitation period set out in Section 22(1) of the Insurance Act of British Columbia, the limitation period in the policy prevails so long as it is not shorter than that prescribed by Section 22(1). In Colgur v. Manufacturers Life Ins. Co., 2009 BCSC 1125, the insurance company, Manulife, applied for a dismissal of the Ms. Colgur’s claim for long-term disability . Ms. Colgur was employed by the Royal Bank of Canada as a customer service representative....
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