Linde v. Max Insurance Company
Nicole Linde
Law Firm / Organization
Tapper Cuddy LLP
Lawyer(s)

Richard M. Beamish

Max Insurance Company
  • Facts: Nicole Linde filed a claim with Max Insurance Company for a fire loss. Issues arose over bad faith in the claim handling process and the impact of sections 121 and 123 of The Insurance Act on Linde's claim.

  • Issue: Whether Max Insurance Company acted in bad faith in handling Linde's fire loss claim and the applicability of The Insurance Act provisions regarding dispute resolution and court intervention.

  • Court's Ruling:

    • Max Insurance did not act in bad faith.
    • Linde's claims management process had miscommunication issues but was not overwhelmingly inadequate.
    • Linde was entitled to additional compensation for her personal contents but not for Additional Living Expenses (ALE) due to lack of invoices.
    • The insurer was obligated to pay interest for the delay in mortgage payout from December 30, 2019, to August 2020.
  • Costs/Damages Awarded:

    • Linde awarded $148,475.87 for personal contents subject to adjustments.
    • Linde also awarded interest for the delayed mortgage payout period, calculated at her interest rate from December 31, 2019.
    • Costs regarding the successful defense against the bad faith claim and the calculation for additional compensation to be determined if parties cannot agree within 30 days.
Court of King's Bench Manitoba
CI 20-01-29353
Insurance law
$ 148,476
Plaintiff