Taking a Second Look at Your Denied Claim for Insurance Coverage
The lawyers at Murphy Battista LLP have decades of experience helping people obtain the benefit of their insurance protection across a variety of policies and claim scenarios. Our lawyers can advise you if you need answers to questions about the scope of your insurance coverage or help overcoming obstacles to getting paid under your policy. Contact one of our offices for a free consultation about your legal and practical options.
Ways Claims get Denied
Problems frequently arise when the insurer resists payment of an insured’s claim on any of a number of grounds. Some of these grounds include defects in the proof of loss, the insured’s violation of a condition of coverage, or the exclusion of the risk under the terms of the policy. Insurers might also accept a portion of the claim, or accept it under a reservation of right, which allows the insurer to deny coverage later on.
As one of BC’s best-known insurance law firms practising exclusively on behalf of the insured, Murphy Battista works to protect our clients’ interests in coverage to the greatest extent possible in matters ranging from ICBC Part 7 claims to homeowner casualty losses due to fire or theft. We act for clients who need advice about their rights under any of the following kinds of coverage:
- ICBC motor vehicle accident insurance
- Right to lost wages under ICBC benefits or private disability plans
- Fire and theft insurance
- Storm insurance
- Construction warranties
- Boat insurance
- Homeowners liability protection
- Life insurance
- Travel insurance
In many instances, our work involves analysis and presentation of the facts surrounding your loss in terms that can convince the insurer to act favourably on your claim.
BC Lawyers Acting Against Insurers for Bad Faith Settlement Practices
In other cases, the insurance company’s conduct in delaying or opposing payment will amount to a bad faith denial of coverage, which can support an independent cause of action against the insurer in addition to your right of coverage. Our many years of experience dealing with insurers of all kinds can help you see the distinction between a legitimate dispute over the scope of coverage and unfounded opposition meant to harass you into a low settlement.
For additional information about the ways our experienced lawyers can help you obtain the insurance coverage you need at a time of loss, contact Murphy Battista for a free consultation.
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Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.
Elizabeth Emery acted for the widow of an ICBC claims examiner who had taken his life. Elizabeth was initially successful in obtaining survivor benefits for the widow and her three young children through WorkSafeBC, on the basis that the worker’s suicide was brought about by his employment. The deceased worker had been the primary source of financial support for his family.
The deceased worker’s employer (ICBC) chose to challenge WorkSafeBC’s acceptance of the widow’s claim for survivor benefits, leading to a review before the WorkSafeBC Review Division. The main issue before the Review Division was whether the deceased worker’s employment as a senior claims examiner had aggravated his pre-existing depression, which led to his death. Elizabeth was successful in defeating the employer’s appeal and maintaining survivor benefits for the widow and her children. The Review Division upheld the initial decision of the WorkSafeBC Case Manager, finding that there was evidence of an identifiable series of significant stressors arising out of the worker’s employment and that these stressors were the predominant cause of the aggravation of his pre-existing depression.
The benefits obtained for the widow and her children are worth over $1.5 million.
In 2017, Joe Murphy, Q.C. took on the claim of SA from a motor vehicle accident that occurred in 2004. In 2004, SA was sitting in a parked work truck having his lunch when the truck was struck by another vehicle, leaving SA very badly injured. In 2004, the ICBC coverages provided about $350,000 in insurance coverage to SA. Joe argued that SA was entitled to the 2007 ICBC coverage that would provide $1 million to SA, even though the MVA was in 2004. In 2018, an arbitrator agreed that SA was entitled to the $1 million 2007 coverage, and when ICBC tried to appeal that decision, in 2020 BC Supreme Court judge dismissed that appeal – with the final result that SA recovered an additional $650,000.
Read the full decision here.
Thank you Brandon Souza for taking the time to understand, to guide and to give me the best possible advice. You are an incredible lawyer who came highly recommended by a family member and who knows his profession well. For those of you who need a lawyer with a back bone to deal with homeowner insurance or any insurance, Brandon Souza will take care of your case with strength, professionalism and integrity. Thank you Brandon!