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Bad Faith insurance law in Calgary pertains to the obligation of insurance companies to deal fairly and honestly with their policyholders. Insurers are required to investigate, negotiate and settle claims in good faith. When they fail to do so, it's known as “bad faith”, and the insurance company can be held legally responsible for damages.
Legal assistance may be required in situations where an insurer denies a claim without a reasonable basis, undervalues a claim, unnecessarily delays the payment of a claim, or fails to properly investigate a claim. Keep in mind that bad faith cases can be complex. An experienced lawyer can help navigate these complexities and fight for your rights to receive the benefits you're entitled to under your policy.
Calgary follows the Insurance Act of Alberta, which governs the actions of insurers, including the obligation to act in good faith. The courts in Calgary have the power to award policyholders both consequential and punitive damages if they find an insurer has acted in bad faith.
Examples might include refusing to pay a claim without a valid reason, failing to investigate a claim in a timely manner, or not negotiating a claim settlement in good faith.
You must provide evidence showing the insurance company didn’t act in good faith, such as an unreasonable delay in the claim process, or the denial of a claim without a valid basis.
In addition to recovering the benefits rightfully owed under the policy, damages can include consequential damages (any financial loss you suffered as a result) and in some cases, punitive damages designed to punish the insurer for its actions.
Under Alberta law, you usually have 2 years from the date when the bad faith conduct occurred. However, it's crucial to get legal advice as soon as possible.
You have the right to represent yourself. However, given the complexity of insurance law and bad faith claims specifically, hiring a lawyer with expertise in this field is generally beneficial.
Additional resources for those dealing with bad faith insurance issues include the Alberta Insurance Council, Alberta's Superintendent of Insurance, and the Insurance Bureau of Canada. These organizations can provide you with additional information and guidance on insurance matters.
If you think you have a bad faith insurance claim, document all interactions with your insurance company, including phone calls, emails, and letters. Then seek advice from a legal professional experienced in bad faith insurance claims. They can review your situation and guide you through the process of making a claim.
