Insurance Claim Problems? Get a Top Notch Legal Opinion

Having Claim Problems? We can help!

Are you the beneficiary of a life insurance or disability insurance contract or an automobile injury claim, and find yourself at a stalemate with an insurance company?

Insurance claims aren’t easy. The insurance company has a legal department and an army of lawyers. It’s you against a stacked team.

We’ve decided to even your odds.

Just tell us your story in the comment box below and we’ll get you assistance with your problem from the law firm of fighting insurance companies.

Successful litigation of personal injury claims, insurance lawsuits and claims settlement are our specialty.

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PS. This page is for life and health insurance claim advice. We have a separate page for auto and property insurance claim advice.

True Stories

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Background

At LSM Insurance, we are dedicated to helping life insurance claimants get a fair shake from insurers. We have always offered claim assistance to our own customers and are excited to announce our latest project.

We have teamed up with one of the top legal firms in Canada to help life insurance claimants get a legal opinion on their situation – for free.

Just tell us your story in the box below and we will give you our best advice based on areas injury law palm beach serve and the circumstances. Of course, we can’t investigate all the details over the internet, but if you tell us the full story, we can give you a pretty good idea of what your options and what your chances are.

We do sometimes publish our advice as a service to other consumers, but we always remove any personally identifying details from what you send us.

Tell us Your Story




Get the law on your side.

andrew
Andrew Suboch B.A., LL.B.

Andrew Suboch B.A., LL.B.

Barrister-At-Law

• Toronto Lawyer
• Personal Injury Attorney
• Dog Bites
• Motor Vehicle Accidents
• Wrongful Dismissal Claims
• Short Term Disability
• Long Term Disability
• Sickness / Accident Leave
• Pedestrian Knock Downs

More about Andrew.

  • Andy Suboch
    February 5, 2016 at 12:37 pm

    I am a duly licensed lawyer in Ontario who practices in the areas of personal injury and insurance law. I have handled many cases such as you describe below. I have been asked to respond to your inquiry.

    An insurance contract is a contract of utmost good faith. Both sides must treat each other fairly and make full and frank disclosure with respect to prior conditions. If a party fails to disclose a pre-existing condition, such failure may vitiate the insurance contract making it void from the beginning (“void ab initio”). However, there may be extenuating circumstances – your mother did not understand the question, she was advised that it did not matter in any event, etc – that might not allow the insurance company to rely on her alleged non-disclosure. If such reliance ultimately is upheld by a Court, the insurer must return the premiums. Without further information and a review of documentation, I cannot give you a useful opinion as to whether there is a cause of action as against the insurance company.

    It sounds like your mother’s Estate might have a good claim against the insurer. If you would like to discuss further, please feel free to contact Ashley of my offices at 416-815-1331 x221. The initial consult is without charge.

    Until you do come in and retain my offices I cannot and will not act for you or the Estate of your mother. There is a general 2 year limitation period that probably begins from her date of death and in my opinion, definitely would run from the date of denial by the insurer. Time is of essence and a failure to commence an action within 2 years of the cause of action arising likely will be fatal to said action.

    Regards,

    Andrew Suboch

  • Sheila
    February 5, 2016 at 12:36 pm

    Hi,
    My mother pass away a year ago.Her life insurance claim was denied, she did not disclosed her initial cancer stage when a bank insurance agent offer her insurance without medical disclosure or medical checkup. Are the family entitle to a premium refund?

  • Brenda
    November 9, 2015 at 1:13 am

    My husband died in a single car roll over. His BAC was …. He was diabetic and he had elevTed blood sugar at the time of his death. The coroner’s toxicology test said that confirmation of the etoh could not be performed due to the elevated glucose result. It also said that the etoh result could be invalid due to the high sugar. Can the insurance company still deny his AD & S D coverage? Do I have a case against this?

    • Andy Suboch
      November 9, 2015 at 1:24 pm

      I am a lawyer, duly qualified to practice law in the Province of Ontario, with more than 20 years experience in the areas of personal injury, insurance matters and moving to set aside wrongfully-based insurance denials. A relatively recent case that I won both at trial an on appeal, Bawden v Wawanesa, resulted in the parents of a permanently injured daughter getting insurance coverage that had been denied. An insurance industry publication, Canadian Underwriter, called it one of the top 10 coverage decisions. I have been asked to respond to your inquiry below.

      Based on what you have set out below I believe that you have an excellent chance to show that the insurance company was wrong to deny the claims. The onus is on the insurer to demonstrate, on a balance of probabilities, that your husband’s BAC was in excess of legal limits. Given what you have set out below, I am of the opinion that the insurer would not be able to meet their onus.

      If you would like a free consultation, please contact Ashley at 416-815-1331 x221. There is a 2 year limitation from when the insurer denied the AD & D claims. Such limitation is subject to the principle of discoverability but I recommend acting sooner than later so as to avoid the possibility that a limitation defence would succeed. Accordingly, I strongly recommend that you begin legal action within 2 years of your husband’s passing.

  • Kyle
    February 28, 2015 at 12:52 am

    Hi,
    So I got hurt and my Insurance company said that I waved my disability portion of my insurance policy.
    However I do not at all remember signing a waiver for that.
    What can I do?

    • Andy Suboch
      February 28, 2015 at 2:53 pm

      Without further information I really can’t give an opinion. You should ask to see where you explicitly agreed to “waive your disability portion of your insurance policy” [sic] and if there is a document to that effect, get a copy of same.

      If you would like an opportunity to discuss this further, for a free consultation please call Kaitlin at 416-815-1331 x221.

      I confirm that you have not retained me as of date of this email and until I am duly7 retained by way of written retainer I shall not take any steps or measures to protect any of your interests.

  • Louise
    February 26, 2015 at 9:22 am

    Good morning,
    My husband and I applied for a life insurance 2 months ago, just before Christmas. Not having heard from them since then, I phoned the gentleman who is trying to sell it to us. He made some inquiries and found out that they have lost my entire medical exams (questionnaire and blood work). I am shocked that something like this could happen and that the company would not make contact with me to inform me of the situation, present apologies and reinsure me that everything would be done to find what happened. I still haven’t heard from them. What can I do at this point on a legal point of view?
    Thank you for your help and advice,

    • Andy Suboch
      February 26, 2015 at 3:29 pm

      I am a lawyer who has been asked to respond to the below.

      There is legislation in Canada that requires companies etc to safe-guard private and/or personal information. If they have lost such information pertaining to you and your husband you probably could sue the insurer for breach of privacy rights. However, unless you can show where the mis-placed information went, your damages might only be nominal. As an example, if the information is sitting in a box, under a secretary’s desk at the insurance company, and no one is accessing the information, it is difficult to see what damages you have sustained. As an alternative, if this information were to be widely disseminated throughout the insurance industry then your damages would be, in my opinion, quite high. As a plaintiff, you would have the onus to prove your damages or at the very least to show how widespread your loss of privacy was or may have been.

      I wish you best of luck with your future endeavours.

      Regards,

      Andrew Suboch