Have you suffered major damage or loss to your property?

You do not always need a lawyer. If your claim is minor and/or straightforward, you likely do not require a lawyer. However, you may want legal help if:

• the insurer denies coverage or delays payment;
• you disagree with the amount offered;
• you are accused of making a misrepresentation; or
• the claim involves a total loss or major rebuild.

In Ontario, you generally have 2 years from the date of loss (not from the date of the insurance denial) to file a lawsuit. However, there are some cases where you have 1 year from the date of loss (not from the date of the insurance denial) to file a lawsuit. Do not let that clock run out. You should reach out to one of our lawyers to see if they can help with your case.

If you miss the timeline to sue your insurer, you could lose your right to sue. It is best for you to speak with a lawyer from our office as soon as possible to see if we can help with your case.

A common legal dispute relates to whether a policyholder (ie. a homeowner/business owner) made a material misrepresentation. Insurers are entitled to deny coverage if a homeowner/business owner misrepresented and/or failed to disclose a material fact. It is important to note that the insurer often does not have to prove intent, meaning it does not matter whether the policyholder intentionally misrepresented and/or omitted telling an insurer a material fact.

Insurance brokers and agents have a duty to ensure you have adequate insurance. As well, they have a duty to do the following:

• assess and determine your insurance needs;
• caution you about unusual clauses in your insurance policy; and/or
• obtain the insurance coverage you requested.

Courts have found insurance brokers and agents liable where their clients suffered losses because of inadequate advice and/or failure to place appropriate insurance. You should contact our office to see if you have a legitimate claim against your insurance broker or agent.

In most cases, you can challenge the insurer’s assessment of your damages and losses. You typically can attend an appraisal hearing where an umpire who acts as the decision-maker decides the value of your losses. However, if your disagreement involves the insurer denying coverage, not value, that issue will not be able to proceed through an appraisal hearing.

You should retain all correspondence including emails and letters with your insurer and broker. As well, you should keep all pictures and videos of the damage along with any expert reports. Lastly, you should keep all receipt and invoices for repairs.

Yes, you can accept payment and still seek legal help so long as you do not sign a full and final release, which is an agreement that you will not pursue legal action against a party.