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Making the Case

Insights, opinions and thoughts from the Singer Kwinter legal team.

Why the Insurance Company Wins by Simply Denying a Claim

Alfred M. Kwinter
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Do you know that by simply denying a claim the insurance company usually wins? Why you may ask? The reason is that when the insurance company denies a claim the policyholder has only one of 3 choices.

1. The policyholder simply walks away figuring they can’t take on a financial giant like an insurance company.

2. The policyholder can accept whatever amount the insurance company decides it wants to pay just to get rid of the claim. “Oh well, it’s better than nothing.”

3. The policyholder can fight. But how many people have the resources, stamina, energy and years to fight an insurance giant?

When I address a jury in a claim against an insurance company I open with this statement. I tell the jurors that my client has chosen the 3rd option because the actions of the insurance company are wrong.

At Singer Kwinter we represent those who may not be in a position to take on an insurance company. We have done so on many occasions and I am pleased to say we have had numerous successes which no doubt has led to our firm being named as one of the top 5 personal injury firms in the country by Canadian Lawyer magazine.

We do not allow our clients to walk away and we do not allow our clients to take whatever amount the insurance company decides to put on the table hoping to close their file. We will fight for our clients because we are known as a firm that has taken so many cases to trial, we now find that in most cases our clients receive fair offers which avoid the need for a trial. In fact at Singer Kwinter we settle over 95% of our claims because insurance companies know that only a fair offer will be accepted.

Please see the cases listed on our website (jump4love, Oldfield v Transamerica, Plester v Wawanesa, Pereira v Hamilton Township Farmers Mutual, Leonard v Manulife, Kamin v. Kawartha Dairy) where our clients have not walked away, have not accepted the low-ball offer, but allowed us to fight for them and win.

By Alfred M. Kwinter

The content of this article or blog posting is of a general nature and does not constitute legal advice. It is not intended to be a full or complete analysis of the topic. Before applying the concepts or any content of this article or blog it is imperative that you consult your legal advisor.

Neither the author of this article or Singer Kwinter can accept any responsibility for financial loss nor gain of any nature should the reader not take advice from their legal advisor.

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