Court sustains Canada’s record punitive damages against the LTD insurer in Mandell
Land Record Bihar: Punitive Damages $1.5 Million Now
Sara Baker’s Christmas was attempted to be stolen by Blue Cross, but they were unsuccessful.
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Following a protracted six-year legal battle, Baker will receive $1.5 million in punitive damages from Blue Cross Insurance Company of Canada in addition to $1 million towards her legal fees.
Baker expressed gratitude that the incident is now behind her and that the court acknowledged that she shouldn’t have been treated in this manner.
Insurance companies have a bad, but well-deserved, reputation for underpaying claims that arise. In 2013, while working out, Baker, then 38, had a stroke. The director the food, environmental, and porter services at Humber River Hospital were rendered unusable.
Baker’s employer provided disability insurance, but Blue Cross withheld benefits from the mother of two three times before resuming them as a result of Baker’s appeals.
Women’s Long Jump World Record
When it came time for her to apply for the second stage of long-term disability in 2016, her insurer rejected her once more, requiring her to demonstrate that she was completely disabled and incapable of working in any job that would pay 60% of her pre-disability income.
The five-week trial finally started in 2022. And Baker prevailed in the end. Large.
The jury found that she had suffered complete disability and granted her $220,604 in back pay, $40,000 in aggravated damages for mental anguish, and an unprecedented $1.5 million in punitive damages.
for the abhorrent manner in which Blue Cross handled her.
In an atypical move, a judge also mandated that Blue Cross reimburse her for all of her $1 million in legal fees. Unsurprisingly, the insurer contended that it acted in good faith and appealed the legal fees as well as the punitive damages.
The appeals court determined that the jury could determine that the “systemic and deliberate misconduct” called for a hefty punitive damages award in order to prevent Blue Cross from acting in the same manner going forward.
The judge stated, “Unless the punishment is meaningful, deterrence is impossible.” “It is hard to imagine how an award of less than $1.5 million would even cause senior executives to take notice, let alone prevent such misconduct in the future.”
MP Land Record
“This is one of those infrequent instances where bad faith behavior justifies this level of expense.”
Attorney Stephen Birman, who oversaw the group that defended Baker in court, expressed his hope that the ruling will result in modifications.
According to Birman, “I believe insurance companies will realize that mistreating their customers can have serious financial and reputational consequences.”
We hope that’s the case. More likely, though, is that they’ll keep exploiting everyone who lacks the financial resources or the fortitude to fight this legal battle like David and Goliath.
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