Insurance Bad Faith

ebook Volume 1

By Gordon G. Hilliker

cover image of Insurance Bad Faith

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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

  • 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

    New in This Edition

  • 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

    Who Will Benefit

  • 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.

  • Insurance Bad Faith