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…
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…
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…
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…
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…
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…
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…
As a Vancouver car accident lawyer assisting people with ICBC claims since 1995 I have three important tips for ICBC claimants and for those seeking legal advice after a car accident: 1. ICBC Claims Lawyer- Specialization Help with free ICBC advice is as easy as making a phone call. Most lawyers with experience in ICBC…
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…
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).…