Insurer ordered 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 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,...

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Manulife’s human right’s violation costs employer.

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...

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Settlement of less than 10% approved by Court of Appeal.

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...

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$600,000 death benefit to be paid even though replacement policy was void.

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 1994. In...

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Insurer to stand trial for bad faith negotiations.

On May 17, 2018, the Manitoba Court of Appeal dismissed an appeal from an insurance company’s unsuccessful application for summary judgment to dismiss a claim brought by its insured. In 3746292 Manitoba Ltd. v. Intact Insurance Co., 2018 MBCA 59, the insured was the owner of a mixed-use property in downtown Winnipeg consisting of residential apartments and commercial space. In 2010, an accidental fire caused significant damage. A dispute arose over the cost of repairs and the amount of a co-insurance penalty. The parties negotiated a settlement, and the insured...

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Drunk teenager injured in stolen car cannot sue garage.

On May 11, 2018, the Supreme Court of Canada  ruled that a commercial car garage did not owe a duty of care to a person who was injured in a car he had stolen from the garage. In Rankin (Rankin’s Garage & Sales) v. J.J., J.J., a teenager, suffered a catastrophic brain injury in a motor vehicle collision. He sued Rankin’s Garage & Sales, among other parties, for negligence because the car that he and another teenager stole from the garage had been left unlocked with the keys in the ashtray. At trial, the jury found multiple parties were found liable for J.J.’s injuries,...

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