Fernandes v. Penncorp Life Insurance Company, 2014 ONCA 615 In the recent Court of Appeal decision Fernandes v. Penncorp Life Insurance Company, the Court of Appeal upheld a punitive damages award of $200,000 but reduced a damages award of $100,000 for mental distress to $25,000 in a claim involving disability benefits.
You’re in a car accident. You call your insurance company. You give a statement to your insurance company about what happened. And then you’re sued. Can the other side see your statement? According to the Divisional Court in Sangaralingam v. Sinnathurai (2011), 105 O.R. (3d), they can’t see your statement. This makes a lot of [...]
Insurance adjusters are sometimes surprised when their investigation file ends up in the hands of the other side. This is especially true when they were suspicious of the claims being made at a very early stage. While we routinely see this issue every day in our practice, addressing it is not necessarily routine. At some [...]