Marc Nicholas Quinn
Ottawa Injury Lawyer
Category Archives: litigation loans
Insurance Companies and Bad Faith Behaviours – Ottawa accident and insurance lawyer explains bad faith claims
Motorists in Ontario have a contractual relationship with their insurance company. If you have any type of insurance, you have a contract with the insurance company. It is well-established in law that parties to insurance contract are required to deal with each other in good faith at all times. You insurance adjusters who are appointed character file have a duty to act in good faith and honestly with people the insurer contracts with? In short, absolutely. The main duty of an insurance adjuster is to resolve legitimate claims made to the insurance company for insurance coverages pursuant to the contract for insurance. However, insurance adjusters also wish to settle and administer claims cost effective way possible. As a result, it’s adjusters often deny claims that should not be …
Can the insurance company conduct surveillance of persons involved in personal injury claims? Yes, but there are limits. Ottawa accident and injury lawyer explains new case.
In a recent Ontario Court of Appeal case Iannarella v. Corbett, 2015 ONCA 110, the Ontario Court of Appeal provided useful guidance to injury lawyers on the issue of admissibility and use of surveillance evidence at trial. It is not an uncommon practice for insurance companies to seek the assistance of investigators to conduct surveillance of injured parties to determine whether their allegation of injury and disability are accurate. In this particular case, a person was injured in a car accident. Certain injuries and limitations were alleged. In advance of trial, the defendants retained a private investigator. That investigator obtained many hours of video surveillance of the injured plaintiff. However, the defendant failed to disclose to the plaintiff the existence of the surveillance footage. No particulars had been …