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Insurance Claim

Disability Insurer Must Pay Full Legal Fees for Claimant

In this disability insurance case the Court made an award for full indemnification of the claimant’s legal fees because she was forced to hire a lawyer to enforce the disability contract through litigation (Tanious v. The Empire Life Insurance Company, 2017 BCSC 85). The Supreme Court Judge came to this conclusion based on the following considerations: a) The claimant had…

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ICBC Decreasing Injury Rates Should Lead to Cheaper Insurance

Canada currently has less car accident injuries per year than any other time in recorded history yet ICBC has increased auto insurance rates. The number of fatalities, serious injuries, and total injuries is at its lowest since data was first collected by Transport Canada in the early 1970’s. Since 1994 the amount of serious injuries…

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$15,000 for Mental Distress and Total Disability Defined

This 36 year old injury claimant sought  an order requiring Empire Life Insurance Company  to pay her long-term disability benefits as the insurance company refused to pay the disability benefits (Tanious v. The Empire Life Insurance Company,2016 BCSC 110). The retroactive value of the claim was no more than $60,000, after making appropriate deductions for taxes and CPP…

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Passenger Grabbing Steering Wheel Insured by ICBC

ICBC has lost this important injury insurance law appeal, the court concluding that the word “use” includes the grabbing of a the steering wheel by a passenger(Felix v. Insurance Corporation of British Columbia,2015 BCCA 394). This bold decision by Madam Justice Bennett brings insurance coverage to all British Columbia passengers that take control of a vehicle, when it…

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ICBC Insurance Claim Application Important In Personal Injury Case

In this minor damage car accident case ICBC denied the claim but the claimant sought a large award for personal injury damages. ICBC said that the claimant  responded to ICBC’s denial of her claim by alleging injuries and losses that were not real or were not caused by the collision. The ICBC accident claim form she completed was not…

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ICBC and the New Duty of Honesty in Contractual Performance

After a car accident the injured expect ICBC to act honestly when administrating accident insurance benefits under the universal auto insurance coverage. However the law in Canada  has never imposed a duty on the Insurance Corporation of British Columbia to perform the terms of the contract of insurance honestly, until now. In the ground breaking…

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ICBC Rate Increase 2014: The Truth About ICBC Injury Claims

Being a personal injury lawyer in Vancouver since 1995 gives me the benefit of some experiential knowledge when it comes to what ICBC says publicly about bodily injury claims and how they behave in private litigation. The recent attempt of ICBC to obtain an insurance rate increase is the latest example of a government corporation…

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ICBC’s Chiropractic Treatment Program in Best Interest of Personal Injury Claimants?

As a personal injury lawyer in BC since 1995 I have witnessed the evolution of chiropractic care from an uncommon and alternative form of treatment to a designated health profession used by the mainstream public. I have also been keenly aware of ICBCs changing policy when it comes to funding Chiropractic care for car accident…

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ICBC Documents Hidden from Public by Court Order

Personal injury claimants need to mindful of the civil disclosure requirements over confidential documents when starting a lawsuit in British Columbia. However , the Insurance Corporation of British Columbia may well be provided with special treatment as explained in this,  ICBC keeps documents from public case(Insurance Corporation of British Columbia v. Automotive Retailers Association,2013 BCSC 2062).…

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