Punitive and Aggravated Damages in Denied Disability Claims

Posted on by Brian Jacobson Posted in Insurance DenialsTagged ,

When a disability insurer wrongfully denies disability benefits, the claim is not always just about recovering unpaid monthly payments. In the right case, a claimant may also be entitled to additional damages because of how the insurer handled the claim. In Canadian disability law, those additional damages usually fall into two categories:

  1. Aggravated Damages, which are often discussed as damages for mental distress; and
  2. Punitive Damages, which are meant to punish and deter especially bad conduct.

That distinction matters.Many people assume that if an insurer got the decision wrong, punitive damages should follow automatically. That is not the law. Courts draw an important line between a denial that is wrong and a denial that is carried out in bad faith or in a manner so unfair that it deserves compensation beyond the benefits owing.

What are Aggravated Damages in a Disability Claim?

Aggravated damages are compensatory. They … Continue reading

Denied Wildfire Insurance Claim in BC: What Homeowners Need to Know in 2026

Posted on by Kevin Blair Posted in Insurance DenialsTagged ,

If your BC home or property insurer has denied a wildfire claim, the denial is not the end of the matter. Insurers in British Columbia owe policyholders a duty of utmost good faith, and many denials based on vacancy clauses, alleged non-disclosure, evacuation sub-limits, depreciation, smoke damage, or proof of loss issues are arguable or simply wrong. Policyholders have real remedies, including breach of contract claims, bad faith claims, and in some cases aggravated or punitive damages. Strict time limits apply, so it is important to act quickly.

Why are Wildfire Insurance Disputes Rising in BC in 2026?

Wildfire coverage disputes are rising in BC because claim volumes are climbing and insurers scrutinise high-volume claims more closely. British Columbia is forecast to face the highest and most sustained wildfire risk in Canada this season, which means more property losses, more evacuations, and more denials and underpayments for homeowners and small … Continue reading

Unilateral Reinstatement of Benefits in a Denied Disability Claim

Posted on by David Goldberg Posted in Insurance Denials, Long-Term Disability, Short-Term DisabilityTagged ,

When a disability insurer denies benefits and later starts paying again, that may look like a win for the claimant, and sometimes it can be. But in litigated disability claims, a unilateral reinstatement of benefits can also be used in a way that sharply reduces the plaintiff’s leverage.

An insurer may pay arrears, restart monthly benefits, and then argue that the only issues left for trial are aggravated or punitive damages. That can be a dangerous position for a plaintiff, because those remaining claims are often the hardest claims to prove and the least predictable to value.

How Reinstatement Can Remove the Biggest Part of the Claim

In many denied disability cases, the most concrete part of the lawsuit is the claim for past-due benefits. Those arrears are easy to identify, easy to quantify, and they give the plaintiff real settlement leverage. Once the insurer pays them, that part … Continue reading

“Objective Evidence” and Long-Term Disability Denials in Vancouver

Posted on by David Goldberg Posted in Long-Term DisabilityTagged , ,

If your long-term disability claim in Vancouver has been denied for “lack of objective evidence,” you are not alone. That phrase appears in denial letters from all the big insurance companies constantly. It sounds authoritative, but in many cases it is being used too broadly, too rigidly, or without proper attention to the actual wording of the policy and the real-world nature of the disabling condition. Courts have repeatedly recognized that many legitimate disabilities do not show up neatly on an x-ray, MRI, or blood test. Chronic pain, fibromyalgia, chronic fatigue syndrome, post-concussion symptoms, depression, anxiety, and other psychiatric conditions can be profoundly disabling even when the insurer says the evidence is “subjective.”

What matters in a British Columbia long-term disability claim is not whether the insurer can point to a perfect lab result. The real question is whether the available evidence proves that, because of … Continue reading

Bad Faith In Insurance Denials

Posted on by Ben Tarnow Posted in Long-Term Disability, Critical Illness Claim Denials, Insurance Denials, Life Insurance Claim DenialsTagged

An insurance company and their insured have a special relationship of utmost good faith. That’s why when a legitimate insurance claim is denied, people are often left frustrated and unable to understand why “their” insurance company would do this to them. Insurance denials can arise in all forms of insurance claims, including long-term disability (LTD) insurance claims insurance, life insurance claims, and critical illness insurance claims insurance, amongst others.

When an insurance claim is denied in bad faith, it can have significant implications for both the insurance company and the insured. However, understanding what qualifies as a bad faith insurance denial is not always as straightforward as it may seem. In Canada, insurers are also subject to regulatory oversight that requires them to handle claims fairly and in good faith, as outlined by the Financial Consumer Agency of Canada (FCAC), which provides guidance on consumer rights and insurer obligations… Continue reading