Margaret Hicks - AIG Life of Canada (Articles)

 AIG USED BAD FAITH AND FRAUDULENT SCHEMES AGAINST AN EMPLOYEE/POLICY HOLDER

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Bad Faith Insurance Practices
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In March 2000 a unanimous Ontario Court of Appeal declared,
The relationship between an insurer and an insured is contractual in nature. The contract is one of utmost good faith. In addition to the express provisions in the policy and the statutorily mandated conditions, there is an implied obligation in every insurance contract that the insurer will deal with claims from its insured in " good faith."


Disability insurance is designed to do just that - protect you and your family from an unexpected loss of income due to accident or illness.  Depending on the type of plan you purchase, a portion of your lost salary is provided while you are unable to work due to your disability. This income helps you to pay your mortgage, rent, utilities and credit card bills so that you can pay attention to what's most important: a quick recovery.


What good is short-term disability insurance if you have to wait seven months to find out if you qualify or not?

The whirlwind of difficulties AIG's actions (see: chronology of events) have caused Margaret, will send shock waves through-out the insurance industry in Canada. Their bad faith actions will not go unnoticed.  I will fight to get the laws changed, so others will not be subjected to the same cruel and malice practices that Margaret was put through.

Unbelievable as it may seem, there was nothing legally we could to fight AIG until Margaret's claim, was either approved or denied.  AIG with the help of others did everything possible to delay that decision for seven months.  AIG also claimed that they were self-insured and not subjected to the Ontario Ombudsman's office when we tried to file a complaint.  

If you are a short-term disability policy holder and you become ill or injured, you expect your benefits plan to kick in right away.  You do not want to apply for welfare, face eviction notices, and hassles from your creditors and suffer from the stress of fighting your insurance company.  One way or another, you are paying for that policy. The onus is on the insurance companies to act in good faith.   There must be a reasonable time limit for Insurance Companies to make their decision regarding cliams that is enforceable. This would stop legitimate claim holders from being jerked around.

From my conversations with some very good insurance lawyers, I am under the opinion that what, AIG did to Margaret is not an uncommon practice in the industry.   Discouraging policy holders from making claims is a common practice that can save companies millions each year.  I asked one lawyer, who was going to act for Margaret why we did not hear more about bad faith insurance practices in Canada.  He said "it was because the court  procedures are very complicated for the average person and when they do go to court, and the Insurance Company is on the ropes, they usually, make an-out-court settlement with the policy holder to avoid the bad publicity.   Insurance companies are very experienced while most people with claims are not."

For employees this is a long shot, but if we don't start standing up to unethical insurance companies, there will be virtually no recourse, as increasingly insurance is becoming something of a necessity, as we are forced to pay for it as part of our employment but have no choice in the plans. In all cases 'major depression' is to be treated as a physical disability.


All rights reserved Ron Hicks 2004