Insurance Lawyer Calgary – Reliable Legal Assistance for Your Claims

Hiring an insurance lawyer Calgary is necessary when policyholders struggle with policy terms, exclusions, coverage opinions and limits. Insurance coverage disputes have risen by 15%, with many cases involving auto, property, and life policies.

Companies bound by the Insurance Act of Alberta are obligated to process these fairly; however, underpayment, delay, or outright denial are common in the insurance industry.

Our Sidhu Personal Injury Lawyers Calgary team deals with insurance law to avoid all the hassle in negotiation and legal proceedings. We can help with your civil litigation concerns and provide you with the best recourse to obtain the maximum settlement, regardless of your insurance claim.

Types of Insurance Claims We Handle

Hiring a lawyer is essential because litigation against denied claims can be time-consuming and requires the expertise of legal professionals. Insurance companies often use their legal teams to dispute your claims, making it important to have skilled representation. Trust the experienced team at Sidhu Personal Injury Lawyers Calgary to assist you through the process.

Car Accident Claims

When handling an insurance claim, we deal with:

Third-Party Liability	Arises when the insured is at fault for an accident (motor vehicle accident or a car accident) and is responsible for covering the damages suffered by others. Insurance defence may attempt to reduce the amount paid by invoking comparative negligence (shared fault).
Accident Benefits	Provide income replacement and rehabilitation benefits for the insured, regardless of fault.
Collision and Comprehensive Protection	Covers vehicle damage in an accident, while comprehensive protection handles property damage from non-collision events like theft or vandalism.

Disability Claims

Insurers use narrow definitions of disability, classifying conditions as “partial” or “temporary” to limit payouts. We guarantee clients meet the proper criteria under their policy’s “own occupation” or “any occupation” definitions.

Disability claims require diagnostic tests and physician statements. We work with health practitioners so clients can present the evidence to prove their disability.
Insurers may terminate disability benefits after a certain period, claiming that the policyholder is fit to return to work. We assist in disputing these determinations through independent medical evaluations (IMEs) and legal action.

Commercial Insurance

Businesses face disputes over the valuation of damaged property or the applicability of policy exclusions for events like flooding, earthquakes, or equipment failure. We prove that the damage falls within the policy’s scope.

In 2022, many businesses were denied coverage for COVID-19-related shutdowns, citing pandemic exclusions. We handle these cases by analyzing policy language and, if necessary, pursuing civil litigation.

Commercial general liability (CGL) policies protect businesses from third-party claims for physical harm, property damage, or personal injury. We provide legal defence if you’re facing such claims to make sure you receive coverage for settlements or judgments.

Understanding Laws and Your Rights

There are laws in place that govern the relationship between policyholders and insurance companies. These laws are designed to protect both parties by preventing unfair claim denials and the abuse of claims.

The Insurance Act of Alberta

The Duty of Good Faith requires insurers to process claims fairly, promptly, and without unjustified denial. Failure to do so can constitute bad faith and may entitle the policyholder to punitive damages.

According to the contra proferentem rule, if the policy language is ambiguous, the courts will interpret it in favour of the insured. This guarantees that companies cannot use unclear or confusing terms to their advantage when denying or limiting claims.

Fair Compensation

Right to Full Indemnity	Provides complete indemnification for covered losses. The policyholder must be restored to their financial position before the loss occurred. Insurers must pay the actual cash value of the loss, subject to policy limits and deductibles.
Right to Contest Denied Claims	If a claim is denied, policyholders can seek a review through the company’s internal appeals process or file a complaint with the Superintendent of Insurance in Alberta.
Right to Timely Payment	Section 556 of the Act states that insurers must pay claims within 60 days of receiving proof of the loss as long as no legitimate dispute exists.

Limitation Periods for Filing

The Limitations Act (RSA 2000) sets a two-year limit for taking action on a guarantee or personal injury claim. This begins on the date that the insured knew or ought to have known that the loss or damage occurred, or when the insurance company denies the claim.

Bad Faith Practices

Insurers may deny casualty claims or offer settlements below the loss’s actual value. If the insurance company acts in bad faith, you are entitled to additional compensation beyond your original claim. This includes punitive damages, like in the case of Whiten v. Pilot Insurance Co. (2002), where the Supreme Court of Canada upheld a punitive damages award of $1 million.

What to Expect in the Process

Filing the Initial Claim

Most policies require the insured to provide a Notice of Loss within 30 days of the incident. The notice must include basic information such as the date, time, location, and nature of the loss.

After receiving the notice, the insurer provides claim forms to complete. These forms require detailed information about the loss, including descriptions of the damages, estimated costs of repair or replacement, and supporting documentation such as photographs or receipts.

Initial Review and Assignment of Adjuster

Verifies the policy was in force at the time of the loss, checking that the event falls within the scope of covered perils and ensuring compliance with all requirements (e.g., maintenance and safety protocols).

Documentation and Proof of Loss

The Proof of Loss is a declaration detailing the loss and substantiating the claim. Includes the cause of the loss, the extent of damages, the estimated cost of repairs or replacements, and any additional living expenses incurred.

Claim Decision and Settlement Offer

The amount depends on the policy type and coverage limits. Most policies include a deductible, which the policyholder must pay out of pocket before the property insurance kicks in.

FREQUENTLY ASKED QUESTIONS

How do you assess whether a denial was made in bad faith?

We review the denial letter to assess whether proper legal procedures were followed. From there, we look for evidence that the denial was unreasonable or based on inadequate investigations.

Bad faith can include undue delays (e.g., failure to respond within 60 days), unjustified underpayments, or misrepresenting policy terms. Suppose the insurer fails to provide a clear, reasonable explanation for the denial. In that case, we gather additional evidence, expert opinions, and witness testimony to build a case, which may result in additional compensation for our clients.

The recovery can be 2 to 5 times the original claim amount, depending on the circumstances.

How much can I expect to recover from a denied claim?

Property damage recoveries can range from $5,000 to $500,000 or more, depending on the value of the damage and whether the claim is fully covered. Compensation amounts for personal injury claims are much higher, with settlements ranging from $10,000 for non-serious injuries to several million dollars for catastrophic ones.

What are the typical timeframes for resolving an indemnity in Calgary?

Simple ones (e.g., minor property damage) can be settled within 30 to 60 days, while more complex cases may take 6 months to 2 years. In situations involving litigation, cases may extend further depending on court availability and the insurer’s actions.