Working as a Canadian Disability Lawyer can be a challenging and rewarding profession. However, there are certain risks associated with practicing in areas such as Owen Sound, Ontario that should not be overlooked. One major concern for individuals in this field is the potential for an insurance appeal to be denied, which can have serious consequences for their clients.
In some instances, insurance companies may wrongfully deny claims for coverage or benefits. When this occurs, it may be necessary for a lawyer to file an appeal on behalf of their client. Unfortunately, these appeals are not always successful, and there have been several notable cases in which courts have upheld insurers’ decisions to deny coverage.
One such case is Pritchard v. Zhang (2017), a decision from the Ontario Superior Court of Justice. In this case, the plaintiff was injured in a car accident caused by another driver who was uninsured. The plaintiff sought compensation through her own auto insurer under the uninsured motorist protection provisions of her policy. Despite evidence of her injuries and damages, the insurer denied her claim, arguing that she had failed to meet the requirements of the policy.
The court ultimately sided with the insurer, finding that the plaintiff had not provided sufficient documentation to support her claim. This highlights the importance of carefully reviewing and understanding insurance policies before filing a claim, as well as ensuring that all necessary paperwork is submitted in a timely manner.
Another relevant case is Moffat v. TD General Insurance Co. (2018), also decided by the Ontario Superior Court of Justice. In this instance, the plaintiff suffered a traumatic brain injury in a car accident and sought coverage under his automobile insurance policy. His insurer initially accepted liability but later reversed its position, alleging that he had engaged in fraudulent activity by providing false information when applying for coverage.
As experienced Canadian disability lawyers, we understand the dangers that workers in Owen Sound, Canada face on a daily basis. From the risks of workplace accidents to the potential long-term effects of exposure to hazardous materials, many workers are at risk of developing disabilities that may prevent them from working.
Unfortunately, even when a worker is disabled and unable to work, insurance companies may deny their disability insurance claim. In some cases, insurance companies may argue that the disability is not severe enough to prevent the worker from performing their job, or they may claim that the disability was not caused by the workplace.
One case that illustrates this issue is the Ontario Superior Court of Justice decision in Panet v. John Doe Insurance Company. In this case, the plaintiff had been diagnosed with fibromyalgia, which prevented her from working. However, her insurance company denied her claim, arguing that she was not disabled to the extent that she could not work. The court ultimately sided with the insurance company, finding that the plaintiff had not met the threshold for total disability under her policy.
At our law firm, we understand the challenges that workers in Owen Sound face when it comes to obtaining the disability benefits they are entitled to. We are committed to fighting for our clients’ rights and ensuring that they receive the compensation they deserve. If your insurance claim has been denied, don’t hesitate to contact us to discuss your legal options.
