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Success stories

Real outcomes for real New Brunswickers. See how our office has helped consumers resolve insurance disputes — at no cost to them.

Direct Compensation Property Damage extends to the content of the vehicle

A consumer was rear-ended while transporting an expensive bicycle on a vehicle-mounted bike rack. A claim was submitted, and the insurer promptly addressed the damage to the vehicle without issue. However, both the bicycle and the bike rack sustained significant damage in the collision.New Brunswick operates under a direct compensation program, whereby insurers are responsible for handling their own insured losses, regardless of fault, provided the appropriate coverages are in place. At fault losses are processed under the collision coverage and the not at fault claims are handled under Direct Compensation Property Damage (DCPD). As a result, insured individuals have no legal recourse against an at-fault third party for damage to their vehicle or to property being transported by that vehicle.In this case, the insurer declined coverage for the damaged bicycle and rack, advising the consumer to submit a claim under his homeowner’s insurance policy instead. The consumer considered this approach unfair, as it would require him to file claims under two separate insurance policies arising from the same incident.His concerns were justified. After the consumer contacted our office, we contacted the insurer and raised the issue. Upon review, the insurer promptly acknowledged the error, reversed its position, and agreed to indemnify the consumer for the damage to the bicycle and bike rack under the Direct Compensation Property Damage (DCPD) provisions of his automobile insurance policy.

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Settlement is binding

A policyholder submitted a claim for water damage, which was initially reviewed and accepted by the insurer. Following the insurer’s approval, the parties reached an agreement regarding the scope of the loss and the amount to be paid under the policy.However, after the claim had been approved and partial payments had already been issued, the insurer reversed its position. The insurer advised that it had incorrectly interpreted the policy coverage and asserted that the claim should not have been approved in the first place. As a result, the insurer refused to issue the remaining payments that had formed part of the agreed settlement, leaving the policyholder facing significant uncertainty and financial hardship.Upon being retained, we reviewed the file, including the policy wording, the insurer’s communications, and the circumstances surrounding the original approval of the claim. We then engaged directly with the insurer and raised concerns regarding the fairness of withdrawing coverage after the claim had already been accepted and settlement terms agreed upon.Following our intervention, the matter was escalated to the insurer’s senior leadership team for further review. After reassessing the file, the insurer acknowledged the circumstances surrounding its original approval and agreed to honor the claim on the terms that had initially been accepted. As a result, the outstanding payments were issued and the claim was settled in accordance with the original agreement, bringing the matter to a satisfactory resolution for the policyholder.

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