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

Richard M. Beamish

Max Insurance Company
Court of King's Bench Manitoba
CI 20-01-29353
Insurance law
$ 148,476
Plaintiff