“It’s a signal to insurance companies that when they’re going to deny benefits to a person or they’re going to deny that somebody has a catastrophic impairment, they better make sure that they have followed the legislation and their assessments have been done properly,” says Leonard Kunka of Thomson Rogers, counsel for Thomas Waldock who was seriously injured in March of 2008. “To rely on a defective assessment to the detriment of their insured is really a breach of their obligation of good faith to their client.”
Waldock and State Farm Preliminary issue FSCO 4315
Waldock and State Farm FSCO 4689