CONTACT US (613) 722-1500

Insurers – Bad Faith Negotiating

Insurers – Bad Faith Negotiating

By:

Mann Lawyers

Posted March 9, 2015

Many people don’t know this, but insurers are required by law to attempt to settle a motor vehicle accident claim as quickly as possible. If they drag their feet, play hardball, negotiate in bad faith or refuse to consider reasonable settlement offers then this behavior will be considered by the court when it comes time to make an award of costs in the litigation.

As a general rule, successful parties are entitled to an award of costs.  In the recent Ontario case of Maxwell v. Luck, the trial judge ruled that the insurance company breached its statutory duty to attempt to settle the claim expeditiously.  He ordered that the insurer pay the plaintiff’s legal costs of the litigation in the amount of $206,000.00 together with the further sum of $50,000.00 that he described as a ‘remedial penalty’ that was assessed against the insurance company owing to its breach of statutory duty.

More Resources

Blog |
Wills, Trusts and Estates
By: 
Life is unpredictable, and while it’s easy to assume that we will always be able to make our own decisions, there might come a time[...]
Blog |
Business Law, Environmental Law
By: 

Posted March 4, 2025

Environmental liability is a critical concern for sellers involved in property and business transactions. Without the right protections in place, unexpected liabilities can surface even[...]
Blog |
Commercial Litigation
By: 

Posted February 25, 2025

The 2024 decision of the Ontario Court of Appeal in Preiano v. Cirillo (2024 ONCA 206) provides valuable insight into the quantification of damages that[...]
Blog |
Not-for-Profit and Charity Law, Business Law
By: 
The board of directors of a corporation is its governing body, charged with high level management and supervision of the corporation.  While most boards are[...]
Blog |
Family Law
By: 

Posted January 30, 2025

In the recent judgment issued on December 17th, 2024, Justice Sharma of the Ontario Superior Court of Justice provides the legal profession with significant guidance[...]
Blog |
Employment, Labour, and Human Rights
By: 

Posted January 21, 2025

In cases involving terminations of employment, a very common issue is the amount of pay an employee is owed by their former employer after they’ve[...]