02/06/2022
Hey everybody I don't Do a lot of posting on Facebook but I thought I'd bring something to the attention of everyone out there. Especially those who have had trouble with MPI and I would argue WCB. For the first time in Manitoba's history our Court of Apeal made a decision in December 2021 that requires a Duty of Good Faith by MPI when they are handling claim files. Go figure one would think that's just required, but it wasn't in law until now!
 Big congratulations to the lawyers that were involved in that case!
The Law
In order to establish a breach of an insurer’s duty of good faith, more must be shown than simply that errors occurred in the claims-handling process. Also, just because an insurer is ultimately wrong does not mean that it acted in bad faith. A successful action requires proof that there was no reasonable basis in law or fact to deny benefits and that the defendant knew or ought to have known that to be the case. Tell-tale signs of bad faith by an insurer are when the handling of the claim was “overwhelmingly inadequate” or there was an “introduction of improper considerations into the claims process”
