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Communication with ICBC does NOT extend limitation period.

Posted by on Mar 29, 2012 in Insurance | 0 comments

Communication with ICBC does NOT extend limitation period.

On March 29, 2012, the defendants in a personal injury action arising out of a motor vehicle accident obtained a summary dismissal of the plaintiff’s action on basis that it was barred by the expiration of the two year limitation period. In Field v. Harvey, 2012 BCSC 456, a judge of the British Columbia Supreme Court found that correspondence from ICBC did not postpone the running of time. On August 22, 2008, the plaintiff suffered injuries when her vehicle was in a collision with a cement truck owned by one of the defendants and...

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$75,000 punitive damages for coverage denial.

Posted by on Feb 24, 2012 in Bad Faith, Legal Update | 0 comments

$75,000 punitive damages for  coverage denial.

In McDonald v. ICBC, 2012 BCSC 283,  the plaintiff was involved in a 2007 collision. She was at fault for the crash. She consumed two to three glasses of wine prior to operating a vehicle. As she was driving she “turned the wrong way into an oncoming van” causing a collision and injuries to the other motorist. The plaintiff was issued a 24 hour roadside suspension and charged criminally with dangerous driving and alcohol related offences. Eventually the criminal charges were dropped and the plaintiff plead guilty to careless driving...

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Claims administrator may owe a duty of good faith.

Posted by on Dec 12, 2011 in Bad Faith, Legal Update | 0 comments

Claims administrator may owe a duty of good faith.

The New Brunswick Court of Queen’s bench held that where an insurer acts as a claims administration service only but makes decisions regarding the adjudication of claims, computation and issuance of benefits it owes a duty to the insured to act in good faith as it was adjudicating claims and benefits. As such, the traditional tort of intentional procurement of breach of contract is broad enough to capture bad faith actions by an adjuster that bring about the rejection of a meritorious claim for insurance benefits. In LeBlanc v. Atlantic...

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LTD claim reviewing MAY extend a limitation period.

Posted by on Nov 19, 2011 in Insurance, Legal Update, Manulife Cases | 0 comments

LTD claim reviewing MAY extend a limitation period.

An application by a long term disability insurer to dismiss a claim commenced by an insured on the basis that the claim was barred by the expiration of the limitation period. The application was dismissed and costs awarded to the plaintiff. In White v. Manufacturers Life Insurance Co. (c.o.b. Manulife), [2011] B.C.J. No. 2273, the plaintiff was insured for a long term disability benefits under a group policy issued by the defendant, Manulife Insurance. The plaintiff submitted an application for disability benefits on September 13, 2006. On...

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$550,000 punitive damages for Ontario employee.

Posted by on Nov 16, 2011 in Bad Faith, Legal Update | 0 comments

$550,000 punitive damages for Ontario employee.

An Ontario court came down hard on an employer that attempted to terminate an employee for cause without sufficient justification for doing so. The termination and the employer’s actions related to the termination resulted in a criminal trial and a chain of events that led to the destruction of the employee’s reputation, and, accordingly to the employee, his marriage. The trial judge initially awarded the employee $25,000 in punitive damages and aggravated damages of $75,000. The employee appealed the punitive damages award and a...

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$50,000 punitive damages for refusing to pay a fire loss.

Posted by on Aug 20, 2011 in Bad Faith, Legal Update | 0 comments

$50,000 punitive damages for refusing to pay a fire loss.

On August 17, 2011, the insureds successfully sued their insurer in the British Columbia Supreme Court for losses suffered in a fire, as well as aggravated and punitive damages for the insurer’s refusal to pay, in Sidhu v. Wawanesa Mutual Insurance Co. In the early hours of February 7, 2005, the Sidhu’s family home was damaged by a fire. The plaintiff, Hardip Sidhu, was in the master bedroom with his wife and infant son before the fire started. He asked them to leave shortly before he heard something hit the bedroom window. He got...

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Manulife loses “want of prosecution” application.

Posted by on May 30, 2011 in Insurance, Legal Update | 0 comments

Manulife loses “want of prosecution” application.

On May 30, 2011, the BC Supreme Court decided that Manufacturers Life Insurance Company (“Manulife”), successor to the Aetna Life Insurance Co. of Canada (“Aetna”) was unsuccessful in its application for an order dismissing an applicant’s action for want of prosecution. The decision is reported at: Toor v Aetna Life Ins. Co., 2011 BCSC 691. In 1975 the applicant, Harbans Toor purchased a policy of long-term disability insurance from Excelsior Life and the policy was eventually acquired by Manulife. In the action, Mr. Toor...

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The significant role of expert evidence.

Posted by on May 6, 2011 in Evidence, Legal Update | 0 comments

The significant role of expert evidence.

When presenting a claim at trial dealing with future loss it is vital to have appropriate expert evidence to justify sought damages.  Failure to do so can result in a dismissal of the sought damages even if they are unopposed.  Reasons for judgement released May 6, 2011 highlight the importance of medico-legal evidence in personal injury trials. In Moore v. Briggs the plaintiff suffered a fractured skull (fractured left temporal bone) and a brain injury in a 2003 assault. The plaintiff sued those he claimed were responsible for the assault....

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“Failure to follow up” by insurer may be punished.

Posted by on May 4, 2010 in Bad Faith, Legal Update | 0 comments

“Failure to follow up” by insurer may be punished.

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...

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$25,000 damages awarded for mental distress.

Posted by on Sep 28, 2009 in Bad Faith, Legal Update | 0 comments

$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...

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