Whiten Vs Pilot Insurance Case Summary

Decent Essays
• Hello Dhalla, I agree with you concerning the amount of money requested for punitive damages by the counsel. In Whiten vs Pilot Insurance Co case the Supreme Court of Canada found this award to be high but within the rational limits. However in Branco’s case, Mr Branco unfairly denied benefits from the insurer and unduly lengthened the claim process unjustly. Although the policy issued by Zurich and AIG were peace of mind contract the conduct on the part of the insurer in respect to the stopped payment were offensive. The policy contracted and signed by Mr Branco was not clearly understood as the policy also stated non cooperation would led to suspension or termination of benefits. Claims are handled in accordance with respect to policy terms.

Related Documents

  • Great Essays

    The court decided that Vuylsteke took reasonable steps to mitigate her damages and awarded her the annual salary of $72,000 and $2,012 for relocation costs to move to London. Therefore, a total of $74,012, which is consequential damages. C. EXPLANATION: Do you agree with the court?…

    • 1318 Words
    • 5 Pages
    Great Essays
  • Decent Essays

    Andrew Rider of Michigan Insurance Company referred this file for medical case management. Instructions were given to meet with Chris Simonson and assist with coordination of appropriate and related medical care, and identify needs to facilitate recovery. INTERVIEW SETTING On 8/25/16 I met Mr. Simonson at the office of Mid Michigan Orthopedics. Mr. Simonson drove independently to the appointment.…

    • 829 Words
    • 4 Pages
    Decent Essays
  • Improved Essays

    Ronald Vaden V

    • 904 Words
    • 4 Pages

    Issue Presented by the Case The first issue presented in this case refers to the allegation of the breach of contract for insurance coverage provided by Steven Lucas. The second issue presented in the case is whether or not Steven Lucas is responsible for providing false information to potential clients. The third issue presented in this case refers to the accountability of Nunn and Vaden examining the policy and what the insurance program entails. Plaintiff…

    • 904 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Billy Wilder’s classic film from 1944, entitled Double Indemnity displays many of the traditional traits of Film Noir. During the opening scene an extremely dramatic silhouette of a mysterious man on crutches limps towards the viewer. You can’t help but wonder who this character could be. Ultimately Walter Neff betrays his superior, Barton Keys. Keys thinks very highly of Neff and believes he has what it takes to become a great investigator for the insurance company.…

    • 655 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In Youngstown Sheet & Tube Co. v. Sawyer which discussed the issue of inherent presidential power; the Supreme Court ruled that the President did not have the inherent authority to seize private property without authority given from Congress. In Justice Black’s opinion, he makes it clear that even if the president had the power to take over the steel mill he needs to have a congressional statute and it can not be used to settle labor disputes even if they were to disrupt the economy as the president argued. He also says that the seizure cannot be justified due to the president being Commander in Chief by saying that “we cannot with faithfulness to our constitutional system hold that the Commander in Chief of the Armed Forces has the ultimate power as such to take possession of private property in order to keep labor disputes from stopping production. This is a job for the Nation's lawmakers, not for its military authorities.” He even goes a step further in saying that the Executive’s job to make sure that laws are faithfully executed…

    • 636 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The case being addressed in this essay is: Winnipeg Child and Family Services (Northwest Area) v. D.F.G. The topics being addressed in this essay will be provided through a summary and an analysis, explaining the case through legal liberalism and feminist legal theory in relation to the majority decision and the dissenting decision. I personally, agree with the reasoning of the majority decision and will prove why. Summary…

    • 1735 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    Neil Noesen Case Summary

    • 728 Words
    • 3 Pages

    In the 2002 Neil Noesen case, a woman in Wisconsin went to fill her prescription at a local K-Mart, only to be refused by the only pharmacist on duty at the time, Neil Noesen, because the aforementioned pharmacist was a strict Roman Catholic, and it would be against his principles to give someone contraceptives. In addition to this, he believed it would also be wrong to transfer the prescription so that it could be filled by someone else. The district manager knew Noesen would not dispense contraceptives, but was not aware that he wouldn’t at least transfer the prescription. In this situation, the issue revolves around the woman’s right to have access to birth control, and Noesen’s right to exercise his religious freedom.…

    • 728 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Crocker v. Pleasant Kalei Webb MTS 120 Mortuary Law Carl Sandburg College The case Crocker v. Pleasant is an example of the negligent to use reasonable means to contact the next of kin of Jay Crocker and therefore violating the Crocker’s right to due process. This paper of awesomeness will discuss the allegations of the Crocker family against a police officer named Pleasant for his failure to use reasonable efforts to notify the next of kin for the recently deceased Jay Crocker. As well as, a possible violation of the Crocker family’s right to due process and some possibility of dealing with mental anguish that they suffered because of the city’s lack of training, discipline, and watching over the conduct of the police officers…

    • 756 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In Baker v Carr, the majority made up the basis for asserting jurisdiction because the Constitution, the supreme law of the land, did not give it the power to do so. The Constitution never mentioned anything regarding state election procedure, other than that it could not hinder any legal rights of its citizens as mentioned in the Constitution and that the number of representatives per state were to be determined by state population. Therefore, the Constitution never mentioned that federal courts had the jurisdiction to hear constitutional questions to regarding state elections; the majority simply made that up in order to hear the case. There is no branch of federal government that specializes in redistricting. Since representatives' political…

    • 461 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    The 1970s had increasing nonviolent activity (Civil Disobedience). In 1971, the Supreme Court, in Swann v. Charlotte-Mecklenburg Board of Education, upholds busing as a legitimism and sometimes necessary tool to achieve desegregation and integration. But, the court does not rule on segregation in public schools in northern states where it is mot imposed by statute. In 1973, congress passes Section 504 of the Vocation Rehabilitation Act barring discrimination against disabled people with use of federal funds. In June of 1973, Keyes v. School District No. 1 Denver Colorado, the Supreme Court addresses issue of school desegregation in northern public schools.…

    • 796 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    James Whitten Case Summary

    • 1428 Words
    • 6 Pages

    James Whitten will likely fail to satisfy the requirements of the affirmative defense of necessity because he should not have reasonably believed his circumstances were life-threatening or sufficiently urgent. To claim the affirmative defense of necessity in Garner, the defendant must first prove that he “was compelled to do so by threat of imminent death or serious bodily injury to himself or another,” and “[t]he urgency of the circumstances made it necessary for [him] to violate the law.” Gar. Stat. tit. 24, § 135(A)(1)-(2) (2011). The final element of the statute requires “[t]he defendant [to cease] the criminal conduct as soon as the necessity or apparent necessity for it end[s].”…

    • 1428 Words
    • 6 Pages
    Superior Essays
  • Superior Essays

    White By Law Summary

    • 1311 Words
    • 6 Pages

    Ian Haney Lopez, a Professor at Boalt Hall School of Law, University of California at Berkeley primarily works in the areas of racial justice and American law. Lopez is also the author of White by Law, The Legal Construction of Race, which presents a critical look at how race has been recognized by law and it’s legal actors such as judges and policy makers throughout history. The author mainly focuses on analyzing prerequisite cases that in affect, have changed the way that race is perceived today. The book particularly focuses on the legal and social construction of whiteness.…

    • 1311 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Through the Supreme Court rulings such as in the Dred Scott case, the North and South fought numerous times over slavery. The North feared the many potential consequences of this case. The South was reluctant to give up slavery for various reasons. The Dred Scott v. Sandford case set precedent for other cases with similar conflicts. This case also provided reasons for the Civil War to occur between the North and South.…

    • 2004 Words
    • 9 Pages
    Improved Essays
  • Improved Essays

    Ingraham v. Wright was a case where the Supreme Court had ruled (5-4 vote), on April 19, 1977, that corporal punishment in public schools did not violate constitutional rights. The case was brought up into court when an eighth grade student of a public junior high school in Florida, James Ingraham, who was paddled in 1970 by the principal Willie J. Wright and was also restrained by the assistant principal and the principal’s assistant (Lemmie Deliford, Solomon Barnes). James was hit by the paddle more than 20 times and required medical attention, later on a complaint was filed in 1971, other than Ingraham and a student named Roosevelt Andrews, another student has also been paddled. The complaint claims that the use of corporal punishment goes against the 8th Amendment, stating that it is a violation on the ban of ‘cruel and unusual punishments’, and the 14th Amendment which requires prior notice and an opportunity to be heard.…

    • 512 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The 1980 court case, Armstrong V. Kline, drew from parents of children with exceptionalities becoming upset with the education system’s 180-day school year rule1. Beginning in January of 1980, they decided that enough was enough and they needed to do something before summer vacation came so, their child/children would not lose everything they learned during the school year1. The parents took on the court case, filing three class action lawsuits, all of which were against Caryl Kline, the secretary of education and chief official of the Department of Education1. The result of this particular case relieved me but, the fact it had to become a court case, I found to be absolutely ridiculous. Also, the terminology they used while describing the…

    • 751 Words
    • 4 Pages
    Improved Essays