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Bad faith claim against Insurance Corporation

Lemer and Company has commenced an action for a plaintiff in an ICBC lawsuit claiming the insurance company has been dealing with him in bad faith in his claim for no-fault wage loss benefits. Under the Insurance (Vehicle) Act Regulations anyone injured in a motor vehicle accident is entitled to certain wage loss benefits. These benefits will continue to be paid to age 65 if the disability continues. As their description suggests, they are payable even if the claimant is at fault for the accident. The Regulations do allow the insurer to stop paying, based upon a review undertaken once a year and upon receiving a physician’s advice. In this case ICBC cut off wage loss benefits on several occasions, more than once a year, and without the involvement of a physician. Each time we prepared applications or sent demand letters to compel ICBC to make payments and each time we did so the no fault benefits were paid up to date shortly before the application was to be heard. All insurance companies owe a duty to their insureds to deal with them in good faith. This applies to fire loss claims, disability policy claims, medical benefits claims and ICBC claims. In this case we are alleging that cutting off an insured person from wage loss benefits contrary to the requirements of the law is a breach of the duty to deal with their insureds in good faith. Punitive and exemplary damages are being claimed. This action has not gone to trial.

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