Because Insurance Companies and their adjusters often aren't legally required to tell you about important aspects of your claim.

Esau v. Co-operators Life Insurance Co.and Pekarek v. Manufacturers Life Insurance Co., were companion decisions issued at the same time by the BC Court of Appal. Both cases related to disability insurance.  In Esau, the insurer was resisting  the claim and, in Pekarek, the insurer terminated payments after initially accepting the claim.  Both actions were commenced after the expiration of the limitation period.  In upholding the dismissal of the actions as being statute-barred, the Court held that the insurers were not required to advise insured's as to the existence of limitation periods. 

In Hamilton v. Chris Marion Holdings Ltd., the plaintiff's house suffered water damage.  The insurance agent who had placed the insurance assigned the claim to the defendant as an independent insurance adjuster.   During a meeting to discuss the repairs to the house, the defendant suggested to the insured that a gun collection in the house be removed for cleaning and safekeeping.  The gun collection was taken to the premises of the contractor hired to restore the house, and it was stolen from those premises.  The insured sued the independent insurance adjuster for failing to advise that her household insurance would not cover a theft of the gun collection if it was not located inside the house. 

In dismissing the claim, the court held that there was not a special relationship imposing a duty on the independent insurance adjuster and that the adjuster was equivalent to a good Samaritan.

The upside to this is the McIvenna v ICBC case in which our BC Court of Appeal says an insurer may owe a duty of care in advising a claimant about benefits and limitations to those benefits.

So, you can't rely on your insurance company or your adjuster to tell you important things about your case, if you do and later want to sue them for bad advice, no advice or bad conduct, you may not be able to. Remember that adjusters work for the insurance company, not you. Promptly consult a lawyer knowledgeable in the area to advise you about your case.

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*I certify that I am not a lawyer, I am not an insurance adjuster, I do not work for ICBC or any other insurance company and I am not obtaining this information on behalf of ICBC or any other insurance company.