EDB Management/Case Law - May 31, 2016

In the context of disability benefits, bad faith claims raise significant challenges and risks. In recent years, bad faith claims in this area have received increasing judicial attention and given rise to dramatic damage awards, some reaching many millions of dollars.

This seminar will provide an update on recent case law on bad faith in the disability context, discuss particiular areas of risk in the adjustment process and provide suggestions on how to mitigate such risks. Topics will include misrepresentation and non-disclosure, reasonable and timely claims investigation and evaluation, assisting the insured in claims preparation, bias in the selection and use of experts, intimidating practice and imposing conditions on benefit payments. The aim is to provide attendees with information to assist in minimizing bad faith risks and claims.

Jeremy Taylor is a partner with Field Law LLP in Edmonton, Alberta. Jeremy was called to the bar in 2002. In his early career, Jeremy practiced as insurance defence counsel, acting for many insurers. More recently, his practice has focused on commercial, labour and employment litigation, including plaintiff-side extended disability claims for professional employees. Jeremy holds a BA degree from Simon Fraser University, a JD from the University of British Columbia and an LLM from Dalhousie University. While in law school, Jeremy received the Harper, Grey Easton Prize in Insurance Law, awarded to the student with the highest academic standing in that area.