Insurer must disclose internal documents in bad faith claim.
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 insurance company, 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,...
read moreManulife violates human rights, employer pays the price.
On March 19, 2019, the Human Rights Tribunal of Ontario found that Manulife’s handling of a disability claim was “significantly flawed” (para. 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. Since 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...
read moreSettle your long-term disability claim – it’s GOOD for you.
You made a claim with an insurance company for long-term disability benefits. Your claim for long-term disability benefits been denied, or your long-term disability benefits were approved then 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 brings the...
read moreCourt of Appeal approves settlement of less than 10% value.
On November 29 2018, BC Court of Appeal approved the settlement of a claim which was 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...
read moreSun Life ordered to pay $600,000 death benefit on “replaced” policy.
On November 22, 2018, the Alberta Court of Queen’s Bench ordered an insurance company to pay a $600,000 death benefit to the 2 surviving children and adult partner of a deceased man, Jeffery Moss. In Moss v. Sun Life Assurance Co. of Canada, [2018] A.J. No. 1383, 2018 ABQB 953, the deceased’s daughter, Daniella Moss, brought a summary trial application seeking a declaration as to the validity of two insurance policies. She was one of the beneficiaries of the two life insurance policies on her father’s life. The deceased purchased a $600,000 life insurance policy in...
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