Insurance Denial Lawyers

03/03/2023

I was looking in the mirror the other day and I realized I haven't changed much since I was in my twenties. The only difference is I look a whole lot older now.

- the late George Carlin

11/22/2022

03/29/2022

If you want a free initial consultation with a BC based disability lawyer, call: www.fishmanlawyers.ca

Do I Have A Disability Case? Do I Have A Disability Case Wizard What is Your Current Employment Status? * I am currently working but I am struggling due to a medical condition. I stopped work due to a medical condition. I was terminated from my job due to a medical condition. I was not employed when...

03/29/2022

03/29/2022

If you need a BC based disability law firm, contact: www.fishmanlawyers.ca

Do I Have A Disability Case? Do I Have A Disability Case Wizard What is Your Current Employment Status? * I am currently working but I am struggling due to a medical condition. I stopped work due to a medical condition. I was terminated from my job due to a medical condition. I was not employed when...

06/01/2020

https://www.linkedin.com/pulse/insurer-says-loss-excluded-may-jan-abraham-fishman-ba-jd/?published=t

05/28/2020

Returning to work in the age of Covid-19?

As workplaces slowly begin to reopen over the next several weeks and months, many of us might feel anxious about returning to work and the possibility of being exposed to COVID-19.

05/23/2020

Here are the five main reasons why long-term disability claims are terminated or denied. Read on to learn why you should not always accept the insurer's decision.

The Insurance company will state that the medical documents you provided do not support your claim that you are disabled from working. This is a catch-all tactic. They often do not explain why your documents are insufficient. If your doctors or treatment providers support your disability, you should...

05/04/2020

Disability Insurance policies usually require an insured to be under the "regular care" of a doctor. But, what about the pandemic? This paper deals with some of the basic questions.

I represent people whose disability claims have been terminated or denied. A number of claims are denied on the basis that the insured has either been (a) not been receiving enough treatment or (b) not receiving the right treatment. This is typically a requirement under your insurance policy.

05/03/2020

Much of the pandemic concern is, rightly, focused on the physical risks. But what of the mental health impacts? This article explores those issues.

The coronavirus (COVID-19) pandemic has created a lot of uncertainty for individuals across our country.  For many, the fear of contracting and transmitting the coronavirus and the struggles with self-isolation have led to severe anxiety, depression and other forms of psychological harm.  Several ...

05/03/2020

This short paper sets out the top 5 reasons disability insurers deny or terminate claims.

03/04/2020

https://fishmanlawyers.ca/plan-administrator-punished-for-bad-faith-claims-handling/

On October 15, 2019, the BC Supreme Court ordered that an administrator of a long-term disability plan pay damages for mental distress, and punitive damages for its bad faith handling of a disability claim covered by a collective agreement.

02/19/2020

I was honoured to be interviewed for this interesting and insightful article.

https://www.linkedin.com/pulse/effortlessly-persuasive-trial-lawyer-shares-insights-ruth-anne-eisler/?trackingId=kM4jburXSuiQMx7g8HHOog%3D%3D

Persuading: it’s a key component of business communication, even for those with expert knowledge of their subject matter. From a presentation to a pitch to meeting with potential clients, the ability to persuade is a necessary and practical communication skill for all of us—and arguably one of t...

01/17/2020

https://fishmanlawyers.ca/confidentiality-clauses-why-insurers-love-them-and-why-they-should-be-abolished/

Most of my cases settle, often at mediation. Typically the insurer will bring a “standard” form of release to the mediation for my client to sign. If not, when the insurance company’s lawyer sends me the cheque it will be accompanied by a form of release which my client must sign in order to r...

01/16/2020

https://fishmanlawyers.ca/suing-your-insurer-the-basic-steps/

We know that the decision to sue your insurer is not one you have taken lightly. If you are considering legal action, it is likely because you have tried everything in your power to get your long-term disability benefits, but the insurance company continues to deny your claim.

01/13/2020

https://fishmanlawyers.ca/why-you-should-always-apply-for-cpp-disability-benefits/

If you have been receiving long-term disability (“LTD”) benefits for over a year your insurance company will likely require you to apply for Canada Pension Plan (“CPP”) disability benefits. This seems like a no-brainer at first, until you realize that if you win CPP disability your insuran...

01/06/2020

As "tax season" approaches I have updated this piece about LTD benefits and taxes. It takes about 2 minutes to read. Please feel free to share this post.

https://fishmanlawyers.ca/are-your-ltd-benefits-taxable-or-non-taxable/

When assessing a litigated claim for long-term disability benefits, one very important consideration a disability lawyer must always be aware of is whether the long-term disability benefits are taxable or non-taxable under the specific disability policy at issue in the claim.

01/02/2020

https://fishmanlawyers.ca/does-life-insurance-cover-su***de/

Life insurance normally pays out in cases of su***de, unless it happens during a particular exclusionary window laid out in the policy.

12/29/2019

Insurance Bad Faith:

Insurance policies are sold on the basis they pay claims for an unanticipated event that results in a loss. This can include claims arising from damage to property and under disability and life insurance policies. When something goes wrong resulting in a claim, the insurance policy sets out the terms of coverage. If covered, the insured is compensated for the loss. While this process can go very smoothly without problems, sometimes insurance companies take the position your claim is not covered and deny coverage for the claim. Not only can that decision can be wrong and unfair, it can result in significant financial loss.

If you have a claim you think should be covered under your insurance policy and coverage has been denied, or if the insurance company has been patently unfair in the way they have dealt with your claim, you may have a bad faith claim against your insurer. A bad faith case potentially arises when your claim is denied without a reasonable investigation or grounds or the insurer in handling the claim has treated you unfairly. In those situations the insurer may be found to have not dealt with you or your claim in good faith.

What is Insurance Bad Faith:

The legal term “insurance bad faith” originated in the United States, but there are cases in Canada which have awarded damages for bad faith as well. At its most basic, it means that an insurance company is guilty or believed to be guilty of acts contrary to the duty it owes to its insured to deal with their claim in good faith and the insured is entitled to damages as a result. Insurance companies are expected, and bound by law, to provide fair dealing and good faith to the people they insure.

If an insurance company violates their good faith obligations, a claim against the insurance company for coverage under the policy will usually include a claim for damages for bad faith. If awarded, damages for bad faith are over and above the value of the original claim under the policy.

How to Tell if an Insurance Company Acts in Bad Faith:

In order to file a claim against an insurance company for bad faith, the insured must have evidence or proof that there were actions taken by the insurance company which violated the terms of the policy and its duty to deal with their claim in good faith. This includes unjustified denials of coverage and not dealing with covered claims ethically – for example delaying payment of a claim or only being prepared to pay a fraction of what the honest value of the claim. The bad faith conduct of the insurer must be of some significance to warrant a claim– it is not enough that you were treated unfairly in regards to a minor aspect of your claim.

There is no uniform standard for identifying insurance bad faith as it depends on the facts of each case. However, if you as an insured believe that you have been wrongfully denied a claim or were treated unfairly by an insurance company, it is wise to consult a lawyer with insurance experience.

How an Insurance Bad Faith Lawyer can help:

Since the law surrounding bad faith can be difficult to apply to the facts of a claim, it is best to consult an insurance bad faith lawyer who knows the law and can represent you and ensure your rights are protected and you recover what you are entitled to under your insurance policy. The lawyer will meet with you, review with you the insurance policy and facts relating to your claim and provide advice as whether you have a case and how best to proceed to resolve the matter.

When a person is denied a claim for insurance coverage or it is limited, they should not accept it without first determining whether the insurance company’s decision has a correct legal basis. Too many people just shrug their shoulders and walk away without getting legal advice as to whether they have a valid claim. This is how insurance companies can get away with unethical practices when they occur. Most insurance companies act in good faith on most claims, but there are those that don’t.

If you have an insurance claim that has been denied or not resolved fairly, don’t just accept the insurance company’s decision, bring it to us for advice. There may be an error and you may be entitled to coverage and damages for bad faith.