Pilot versus whitten insurance liability shield of 2002?
Answers: This one is 1996 but may be the case you are talking almost if you are looking for the Bad Faith judgment against Pilot Insurance Company.
The flames raced through Keith and Daphne Whiten's rural Ontario home with astounding speed. Panic-stricken and clad simply in night clothes on a minus-18-degree dark, they could only watch as everything they owned be consumed. It would normally have be an uncontested insurance settlement—sift through the ashes, assess the traumatized survivors, settle up.
Instead, Pilot Insurance Company proceeded to evolve an arson charge against the Whitens and denied the claim. When one of its own adjusters recommended that Pilot make good on the claim, the insurer promptly replaced him. The company overlooked the conclusions of a fire chief, an engineer, and the Insurance Crime Prevention Bureau. It deliberately withheld information from the defense and continued to believe the worst of the Whitens, despite in that being a good explanation for virtually every seemingly suspicious circumstance surrounded by the case.
Small wonder then, that on January 25, 1996, the jury whacked Pilot near a $1,000,000 award, over three times the replacement cost of the house, for punitive damages for acting in extreme bad confidence.
In a similar case one Canadian Justice emphasized that punitive incapacitate awards must both reflect the degree of reprehensibility of the perpetrator’s conduct and stamp out any profitability that may have resulted.
What is at stake in Whiten versus Pilot is nil less than the introduction of California-style punitive damage awards into Canada. The grip is now before the Supreme Court of Canada. If the court ultimately upholds the stunning $1-million award, the impact upon the entire nation’s discouraging faith litigation will be momentous. Litigators in Canada are in a minute quite restless wondering whether Canada's long-standing, modest ceiling on punitive awards is about to be lift.
Try this...
http://outlines.law.uvic.ca/courses/cont…
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