Insurance is everywhere. Car insurance is mandatory to drive. Home insurance is mandatory when obtaining a mortgage. Businesses rely on commercial general liability policies to cover them in the event of revenue losses or even a slip and fall. Title insurance is a feature of virtually all real estate transactions to protect against title defects and construction issues that were discovered after closing. Companies often carry errors and omission insurance to protect its directors and officers. The scenarios are many.
The point is that individuals and businesses have insurance in place to protect them against risks. But what can you do in the event your insurance company delays, or even refuses, to extend coverage for a loss?
What if your home insurance company refuses to cover damage caused by a fire? If your car gets stolen, and the insurance company refuses to pay you for the value of your vehicle, what do you do? if you purchase a home with a basement extension built without the necessary permits and not in accordance with the Building Code Act, what recourse do you have? What if your medical travel insurance company decides that your medical procedures are not reasonable/necessary and they do not have to reimburse you for medical bills?
Our lawyers will fight the insurance company on your behalf to force them to extend coverage pursuant to the insurance policy. We have significant experience in all aspects of insurance coverage and are skilled at scrutinizing the insurer’s decision-making process. We pride ourselves on being particularly creative in finding an insurance policy to respond to a loss to avoid protracted litigation against others. Our track record speaks for itself- we have yet to fail on any coverage dispute.
Some notable cases we have handled:
- After purchasing a home our client discovered that the foundation for the extension to his basement built by the previous owner was not properly underpinned and was constructed without the requisite permits. Instead of suing the former home owner on the basis of misrepresentation/ latent defect, which could take years to resolve and lead to significant legal fees, our lawyers successfully negotiated a large payout from the title insurer.
- After merchandise was stolen from our client’s business, the insurance company refused to cover the loss pursuant to the commercial general liability policy. Our lawyers successfully forced the insurer to payout on the policy.
- Our client’s vehicle was stolen, and the insurer started an investigation on the meritless basis that our client was somehow complicit in the theft. The lawsuit was contentious, but our lawyers pressed on, eventually convincing the insurer to payout on the loss plus legal fees.
- In an unfortunate situation, our client—16 years old at the time and not fully licensed—took his parent’s vehicle to visit his friend a few minutes away. On the way home he crashed his vehicle, causing the death of one of the passengers in the other vehicle and serious injuries to others. Our lawyers participated in the lawsuit and put in place a strategy to have the insurance company extend coverage to the parents. The insurance company was exposed to an improper denial, and that contributed to a successful resolution for all parties— the injured plaintiffs were paid out by the insurance company, the parents were not personally exposed to a judgment, and the young client was no longer exposed to ongoing civil lawsuits.
- Our foreign client was diagnosed with a terminal illness while visiting Canada and required emergency medical treatment from Ontario hospitals. OHIP was not available. The insurance company refused to cover the loss based on a highly technical and self serving interpretation of the policy. An action was commenced, and the insurer eventually agreed that there was a failure to pay under the policy.
- Our client was involved in a car accident while driving a rental vehicle. The driver of the other vehicle started a lawsuit against our client for personal injuries in relation to the accident. The rental company’s insurer initially refused to cover the client in the defense of the lawsuit. Our lawyers defended the lawsuit on behalf of the client, but also sued the insurer for coverage and created risk for the insurance company. The rental company’s insurer agreed to cover the defense of the lawsuit on behalf of the client, thereby alleviating the need for the client to retain his own lawyers. In short, we forced the insurance company to take over the client’s defense, thereby concluding our retainer, and had the insurance company reimburse the client for virtually all of the legal fees he paid up to that point.
- Our client landlord was sued by a tenant for mold buildup in the basement, leading to health issues. The homeowner insurance policy refused to extend coverage because the policy specifically excluded coverage for mold. After an extended negotiation, we were able to convince the insurance company to extend coverage to the homeowner.
- Our client, a trucking company, had a vehicle stolen from its yard. Goods in the container were also stolen. The trailer and goods were never recovered. The purchaser of the goods sued our trucking company client. The insurer refused to provide coverage for a portion of the loss on the basis that it constituted profits, which fell outside the policy. After a lengthy lawsuit, the matter settled with the insurer contributing to the settlement.
- A construction company retained our firm to defend it in an unfortunate personal injury case involving the construction of a dam project. A portion of the retaining wall fell on top of a worker from another company causing catastrophic permanent injuries. We skillfully obtained helpful admissions from the opposing parties during examinations that convinced their insurer to confirm they had an obligation to respond to the claim. Our client was then released from the action because the evidence we presented showed our client was not responsible for the collapse of the wall.
We look forward to assisting you.
To discuss your situation, contact Perlin Bal Figol LLP in Toronto at 647.983.3309 or contact us here.