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Insurance Bad Faith, 3rd Edition
Auteur
:
Gordon G. Hilliker
This text is a must-have for any lawyer acting for or against an insurance company. The author not only explains the existing law in this developing area, but offers cogent insights to a number of as yet unanswered questions, and gives practical advice and guidance for the conduct of a bad faith action.
Langue de publication: English
Publié: 19 janvier 2015
Éditeur: LexisNexis Canada
This highly readable yet comprehensive text is a must-have for any lawyer acting for or against an insurance company. The author, one of Canada's foremost practitioners in the insurance law field, not only explains the existing law in this developing area, but offers his cogent insights as to a number of as yet unanswered questions as well as giving practical advice and guidance for the conduct of a bad faith action.
Features
Valuable Insight for Lawyers and Insurance Professionals
Whether you are counsel initiating or defending a claim for bad faith, or an insurer seeking to avoid significant financial exposure, this informative text will provide you with insight into the wide variety of issues that define the concept of bad faith.
Features
- A thorough explanation of the concept of insurance bad faith and the legal framework which supports it
- Analysis of all the relevant Canadian case law and consideration of leading American authorities that may be persuasive in Canadian courts
- Examination of the role of provincial insurance legislation
- Discussion of the practical considerations involved in presenting and defending bad faith claims
- Examination of available remedies such as compensatory, aggravated and punitive damages, and viable defences, such as industry conformity, contributory negligence, advice of counsel and failure to mitigate
- Offers practical suggestions and guidance in following document trails, tips for discovery, developing arguments, and approaches in conducting a bad faith action, including the drafting of pleadings, and issues relating to expert evidence
- Updated coverage of the Canadian law, including legislative developments and new decisions from the Supreme Court of Canada and provincial trial and appellate courts
- Addresses the Supreme Court of Canada's groundbreaking decision Bhasin v. Hrynew
- Coverage addressing the new British Columbia Insurance Act
- Insurance lawyers advising their clients as to preventative action or actively engaged in the defence of a bad faith claim
- Insurance claims' professionals involved in the day-to-day administration of claims
- Plaintiffs' lawyers seeking to maximize recovery for their clients
- Academics and students of insurance law interested in this emerging area of law
Valuable Insight for Lawyers and Insurance Professionals
Whether you are counsel initiating or defending a claim for bad faith, or an insurer seeking to avoid significant financial exposure, this informative text will provide you with insight into the wide variety of issues that define the concept of bad faith.
Chapter 1: Introduction to Bad Faith
1. The Problem of Definition
2. Requirement of Good Faith
3. Legal Basis for Bad Faith Claims
4. Bad Faith Liability of Employees and Agents
5. Institutional Bad Faith
Chapter 2: First Party Bad Faith
1. The Standard of Good Faith
2. The Requirement of a Fair and Reasonable Investigation and Evaluation of a Claim
3. Property Insurance
4. Disability Insurance
5. Accident Benefit Policies
6. Life Insurance
7. Underinsured Motorist Protection
8. Conduct Constituting Bad Faith
9. Bad Faith Without Coverage
10. Continuing Bad Faith into Litigation
Chapter 3: Third Party Bad Faith
1. Overview of Third Party Bad Faith
2. The Duty to Defend
3. Duty and Standard of Care
4. The Duty to Settle
5. Actionable Conduct
6. Vicarious Liability of Insurer
7. Assignment of Third Party Bad Faith Claim
8. Role and Duties of Defence Counsel
Chapter 4: Remedies
1. Introduction
2. Compensatory Damages
3. Aggravated Damages
4. Punitive Damages
5. Special Costs
Chapter 5: Defences
1. Limitation Periods
2. Conformance with Industry Standards
3. Reliance on Advice of Counsel
4. Insured in Breach
5. Failure to Mitigate
6. Contributory Negligence
7. Comparative and Reverse Bad Faith
Chapter 6 The Bad Faith Action
1. Procedural Considerations
2. Pleadings
3. Discovery of Documents
4. Solicitor-Client and Litigation Privilege
5. Expert Evidence
6. Costs
