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Bad Faith Insurance Attorney in Toronto
Your insurance company is contractually obligated to handle your recent claim honorably and fairly. When they refuse to stand by the terms of your policy, a Toronto insurance bad faith lawyer can help you hold them accountable.
Insurance policies in Ontario and elsewhere are designed to give the insured “peace of mind.” When you’ve been injured in an accident or when your home has been damaged, the purpose of your insurance policy is to fund any necessary costs of your recovery or property repairs and replacement.
When the insurer isn’t holding up its end of the deal, you can fight the denied insurance claim by contacting Blackacre Law, PC. Our Toronto bad faith insurance lawyers are prepared to bring legal action to the insurance company and get you the settlement you’re entitled to—plus appropriate punitive damages if their behaviour was particularly egregious.
Proving Bad Faith Claims
Canadian law mandates what is known as “good faith obligations” within insurance policies. This means that when someone takes out an insurance policy, the contract itself endorses a commitment to good faith practices when making a decision regarding a claim that has been filed.
Ontario is one of only a few provinces that has enacted “unfair or deceptive acts or practices” regulations. Section 438 of the law describes the following actions as unfair or deceptive in insurance claims:
- Policy statements that are misleading or false
- Comparing policies when making claim decisions
- Actions that result in the delay of the settlement or fair adjustment of a claim
- Misclassifying the insurer to raise the cost of their initial premium
- Failure and inability to provide an adequate justification for a claim denial
- Denying or delaying a payout in order to compel the insured to accept a lower-than-appropriate offer
- Refusal to complete a timely investigation assisted by unbiased professionals
If you believe that your insurance company handled your claim in any of these ways, your bad faith insurance lawyer can demand the compensation you’re owed and, when necessary, bring the insurer to court to answer for their double-dealing.
Damage Caps on Bad Faith Insurance Claims
Bad faith insurance claims are sometimes mischaracterized in a way that sees a policyholder take the insurer to court and receive an enormous payout, usually much more substantial than the original denied benefits would have been.
This reputation is a huge misconception, and it actually takes place much more frequently in the United States than here in Canada. In fact, the Canadian Supreme Court has placed a $1 million cap on tort insurance cases; and even claims that reach awards of that magnitude are few and far between.
If, after sending your insurance company a demand letter for the dollar amounts agreed upon in your policy, they still refuse to issue your settlement, your insurance bad faith lawyer will bring them to court. After reviewing the facts, the judge will typically require the insurer to produce your payment within policy limits.
It’s also possible that you will receive additional compensation to make up for the insurance company’s bad behaviour.
Compensation when Insurers Act in Bad Faith
There are instances where a jury verdict might demand punitive damages from the insurer if you suffered unreasonable expenses, such as hotel accommodations or a car rental, as a result of the delay to your benefits. Punitive damages might also apply if you suffered significant stress following the delay to your claim’s payment.
It is important to note that Canadian law discourages large sum disciplinary verdicts except in instances where the insurance company actively failed to consider your interests, incorrectly denied your claim, inappropriately handled your claim, or conducted themselves so abhorrently that a considerable damage award is warranted.
In situations where your insurance provider is acting in bad faith by putting the company agenda above your best interests, turn to a Toronto bad faith insurance lawyer to secure the coverage that your insurance policy entitles you to.
Consult with a Bad Faith Insurance Lawyer in Toronto
The attorneys at Mirian Niroomand Lawyers will work diligently to ensure that you are fairly compensated when an insurance company has been exceptionally unreasonable in their denial of your claim.
To connect with one of our experienced Toronto bad faith insurance lawyers, fill out the form located at the bottom of this page or give us a call at 647-556-5888. Schedule a free consultation today, and discover how we can help you hold the insurance company accountable.