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Every year Canadians spend millions of dollars on insurance policies that they expect will protect them and loved ones if a loved one dies. Unfortunately, many insurance companies frequently deny claims or refuse to pay the legitimate claims of their paying policy holders. Some examples of denied claims include Long Term Disability Claims (LTD), own occupation insurance policy denial, property and casualty insurance, life insurance denial, critical insurance coverage denial, fire or flood insurance denial. When denials occur, the insured policy holder may need legal assistance to insist that the insurance company either pays or face a claim of insurance bad faith that could cost the insurance company much more than the original claim.
Bad Faith refers to an insurer’s breach of its duty to adjust the insured’s claim in good faith. Insurance companies owe a duty of good faith and fair dealing to the insured when a claim for accident benefits is made. The duty to adjust the claim in good faith encompasses a number of things including duties to act with reasonable promptness to assess the merits of the claim and in so doing to interpret the insurance policy in a reasonable manner. While the insurer is permitted to fully assess and scrutinize the claim being made, it is not permitted to treat the insured as its adversary.
If you are a policy holder and you have been denied coverage of a legitimate claim if your believe your insurer has not adjusted your claim in good faith and fair dealing, contact our personal injury lawyers for a no- obligation consultation.