Practice Areas

Bad Faith Insurance Claims

If you believe your insurer acted in bad faith, you may be entitled to compensation.
Oatley Vigmond has been serving Ontarians in need for over 40 years. Our legal team will fight for your compensation and assist with immediate and ongoing needs for the duration of your case.

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What constitutes a bad faith insurance claim? Do I have a case?

Every insurance company owes a duty of “good faith” to its insured. That duty requires an insurer to compensate its policy holder in a timely manner. The duty also requires the insurer to investigate the claim promptly, and it must do so fairly and diligently. For their part, the insured must file their claims promptly and assess their losses as accurately as they can. The duty of good faith requires insurers and their policy holders to treat each other fairly at all times.

Sometimes an insurer fails to treat its insured fairly. In cases where the insurer’s conduct becomes high handed, malicious, or arbitrary, the insurer is considered to have breached its duty of good faith to its insured. In these types of cases, the insurer is said to have acted in bad faith towards its insured and the insurer may be required to pay punitive damages, aggravated damages or damages for mental distress to its insured.

The Ontario Insurance Act interprets “bad faith” as a conscious wrongdoing or act of dishonesty operating within an improper or illegal design. Bad faith is distinct from negligence in that it involves ill intent, rather than simply poor judgment.

Situations involving bad faith conduct on the part of the insurer may arise in the context of a disability insurance claim, an accident benefits claim, or a fire loss claim. You may have a legitimate bad faith claim against your insurer if it mistreated you and it acted in bad faith in handling your claims.

Examples of bad faith insurance claims include:

• Failure to render a decision about benefits in a timely fashion
• Denial of benefits without medical certification indicating the insured is fit to resume work
• Unreasonable interpretation of insurance policies

If you suspect you may be the victim of a bad faith insurance claim, get in touch with a member of our team. We will assess your case and help you determine the best course of action.

How much compensation can I expect for a successful bad faith insurance claim?

If you are the victim of a bad faith insurance claim, you may be entitled to compensation.

Consequential damages may be awarded in the event that the insurer’s breach of duty causes them to act unfairly or in bad faith. Punitive damages are available against the insurer for bad faith conduct under some circumstances. In cases where the insurer’s breach of duty is not reprehensible enough to warrant punitive damages, “aggravated damages” may be awarded for emotional distress.

Because every case is unique, exact compensation will differ depending on the individual. You can review our firm’s success stories or book a free consultation to get a better idea of how much you are entitled to.

Why choose Oatley Vigmond to represent my bad faith insurance claim?

For over 40 years, Oatley Vigmond’s legal team has been helping Ontarians recover from situations where their insurers acted in bad faith.

In that time, we have earned the trust and respect of our clients and peers, along with numerous accreditations. Many of our lawyers are Certified Litigation Specialists by the Law Society of Upper Canada; the only body that governs Ontario’s lawyers ensuring that the people of Ontario are served by lawyers who meet high standards of learning, competence and professional conduct.

We handle all types of bad faith insurance claims, including:

• Business insurance
• Personal injury insurance and disability claims
• Life insurance
• Credit card insurance
• Homeowners insurance
• Fire and flood insurance
• Motor vehicle insurance
• Mortgage insurance, and more

Moreover, members of our team are former insurance adjusters who understand the unique timelines and responsibilities your insurer must meet. Our lawyers, Accident Benefits Specialists and support staff work side-by-side to offer the highest level of legal guidance to see you through to a successful settlement.

Experience aside, we believe the Oatley Vigmond approach truly sets our firm apart. Our legal team believes in putting people first, which means prioritizing your immediate and ongoing needs. We understand the mental and financial strain that an extended claim places on our clients. Accordingly, our support staff will be standing by to assist you in any way as we fight for your compensation in court.

Our service fee collection policy reflects our commitment to client comfort and satisfaction. We offer free consultations and do not collect service fees until your claim is successful. This ensures that our firm can help every Ontarian in need, without ever burdening families with additional legal costs – you do not pay unless you win.

Consult a Lawyer for your Bad Faith Insurance Claim – No Cost, No Commitment

Bad faith insurance claims are complicated, and you probably have lots of questions.

Our personal injury lawyers will review your case for free, with no commitments.

Call toll free at 1-888-662-2481 or visit our contact page to book a consultation.