Calgary Insurance and Negligence Claims Lawyers

Insurance is supposed to give you peace of mind. When your home, rental property, or business is damaged, you expect your policy to respond. You may need money for urgent repairs. You may need help replacing contents. If you own a business, you may also need coverage to keep your operations from shutting down.

Unfortunately, many people only learn about a problem with their coverage after a serious loss. The insurer may deny the claim, delay payment, or offer less than the cost of repairs. In other cases, the issue may have started before the loss ever happened. An insurance broker or agent may have arranged the wrong coverage, failed to recommend proper limits, or sent incorrect information to the insurer.

At Preszler Injury Lawyers Alberta, our Calgary insurance and negligence claims lawyers assist clients with both property damage claims and broker negligence claims. While property damage claims usually involve a dispute with an insurer about coverage under the policy, a broker negligence claim focuses on whether an insurance broker, agent, or brokerage failed to arrange proper protection for the client.

Insurance disputes in Alberta can involve complicated policy wording and short deadlines. They may also involve the Alberta Insurance Act, the terms of the insurance contract, and professional standards that apply to insurance intermediaries through the Alberta Insurance Council. The Alberta Insurance Council licenses and oversees insurance agents, brokers, and independent adjusters in the province.

If your claim was denied, delayed, or underpaid, you may have options. If a broker or agent left you uninsured or underinsured, you may also have a negligence claim. Call our insurance and negligence claim lawyers in Calgary, Alberta at 1-888-494-7191 or contact us online to request a free consultation.

Types Of Property Damage Claims Our Lawyers Assist With In Calgary

Property damage claims can arise under residential, commercial, and landlord insurance policies. In Calgary and across Alberta, these claims may involve a variety of serious events, such as fire damage, water losses, theft, vandalism, windstorms, hail, roof collapse, business interruption losses, and more.

Some disputes begin when an insurer denies the claim entirely. Others arise when the insurer agrees to pay, but the amount offered is too low. In certain cases, a policyholder may disagree with the insurer about the cause of the damage. There may also be a dispute about the cost of repairs, replacement of contents, or, for commercial property owners, the period of lost business income.

Our Calgary property damage claims lawyers can help with disputes involving property repair, rebuilding costs, contents claims, additional living expenses, and business interruption losses. We can also review denial letters, reservation of rights letters, non-waiver agreements, contractor estimates, invoices, and proof of loss documents to help clients challenge unfair insurer decisions.

Fire Loss Property Claims

A fire can cause enormous damage in a short period of time. Even if the structure is not completely destroyed, smoke damage and water damage from firefighting efforts can make the property unsafe. Cleanup, debris removal, code upgrades, and temporary accommodation costs can also add to the financial pressure.

Fire insurance disputes often break out over the cost to repair or rebuild. The insurer may question replacement cost coverage, actual cash value (ACV), the value of contents, or additional living expenses. In some cases, the insurer may investigate whether the fire was caused by arson, electrical issues, a change in risk, or a breach of policy conditions.

Our lawyers can review your policy and the insurer’s position. If the fire claim has been wrongfully denied or underpaid, legal action against the insurer may be available to you.

Water Loss, Flood Loss, And Sewer Backup Claims

Water damage claims are often difficult to evaluate because coverage can vary widely from one policy to another. Some water losses may be covered only if the right endorsement was purchased at the start of the policy. Other policies may include lower limits for certain types of water damage.

A water loss may involve:

• A burst pipe
• Frozen pipes
• Appliance leak
• Roof leak
• Sewer backup
• Sump pump failure
• Overland water
• Storm-related water intrusion
• And more

In Calgary and across Alberta, hailstorms, heavy rainfall, spring thaw, and extreme weather can also create serious water-related property losses.

A policyholder may believe they purchased full protection. After the loss, the insurer may point to an exclusion or sublimit that they were unaware of. This can leave the property owner without enough money to repair the damage.

If your water damage claim was denied or underpaid, our Calgary insurance and negligence claims lawyers can review your policy and claim file. We can help determine whether the insurer’s position is supported.

Burglary, Theft, Windstorm, Hail, And Building Collapse Claims

Property damage claims are not limited to fire and water. Policyholders may also face losses after burglary, theft, vandalism, wind damage, hail damage, falling trees, or structural collapse.

Severe weather is an important issue for property owners across the province. Hailstorms, wind events, and sudden temperature changes can damage roofs, siding, windows, commercial buildings, and rental properties. In addition, heavy snow during the winter months often leads to the collapse of roofs or important structural elements. These claims can lead to disputes about causation. The insurer may argue that the damage came from wear and tear rather than an insured event.

The same problems can arise after theft or vandalism. The insurer may question the value of missing property. It may ask for receipts, photographs, inventories, or business records. Commercial policyholders may also need to claim for equipment, tools, inventory, leasehold improvements, or income losses.

Preszler Injury Lawyers Alberta assists clients with property damage disputes involving homes, rental properties, commercial premises, and other insured property in Calgary and throughout Alberta.

Legal Assistance For Residential Property Damage Claims

A serious residential property loss can disrupt a family’s life immediately. A homeowner may need emergency repairs. A landlord may need to restore a rental unit for their tenants. A family may also need to stay in temporary housing while their home is repaired.

Residential claims can involve damage to the building, detached structures, contents, landscaping, debris removal, and additional living expenses. The insurer may pay part of the claim but dispute the full cost of repairs. It may also disagree about the scope of work required to restore the home.

Our residential property damage lawyers in Calgary can help homeowners and landlords understand their policy and how it applies to their loss. We can also help respond when an insurer’s position appears incomplete, unfair, or unsupported by the evidence.

Commercial Property And Business Interruption Claims

A serious property loss can put a business at risk. Fire, flood, theft, storm damage, or structural damage may affect the premises, equipment, inventory, records, or tenant spaces.

Commercial property claims often involve more than repair costs. A business may also need to claim for business interruption, rental income losses, extra expenses, or replacement of business equipment. These issues can be urgent. A delayed or underpaid claim may affect whether the business can reopen. In some cases, an unresolved insurance dispute may result in the permanent closure of a business.

Our Calgary insurance claims lawyers can review the policy wording and the insurer’s response. We can help business owners and commercial landlords understand what may be recoverable.

Understanding Proof Of Loss And Examination Under Oath

After a property damage claim, the insurer may require that the policyholder submit a sworn proof of loss. This document sets out details about the loss and the amount being claimed. It is often a key document in the claim process. A proof of loss must be sworn or commissioned by a notary or lawyer before it is provided to an insurer.

An insurance company may also request an examination under oath, often called an EUO. This is a formal process. The insured answers questions under oath about the loss and the claim. A court reporter is usually present during this session. The insurer will also typically bring a lawyer, who may request documents about the property, the claim, finances, ownership, repairs, and the value of the loss.

Most property insurance policies stipulate that the insured must cooperate with the insurer’s investigation once a claim is filed. They also often require the insured to attend an EUO when requested. Because answers given during an EUO may affect the claim, it is important to prepare carefully. Having legal representation on your side can help you protect your rights and your coverage.

If you received a proof of loss request, EUO notice, reservation of rights letter, non-waiver agreement, or denial letter, speak with an insurance claims lawyer before taking the next step.

Legal Help For Broker Negligence Claims In Calgary

Broker negligence claims are different from property damage claims against an insurer. These claims focus on the conduct of an insurance broker, agent, or brokerage.

A broker negligence claim may arise if the broker:

• Failed to arrange proper coverage
• Failed to ask important questions about the property and/or risk factors
• Failed to explain exclusions in detail
• Allowed the client to remain underinsured
• Sent false or incorrect information to the insurer
• Or otherwise took a negligent action that resulted in excessive losses for the client

Insurance broker negligence claims are often called errors and omissions claims, or E&O claims. In Alberta, the Alberta Insurance Council requires that insurance agents and adjusting firms carry Errors and Omissions insurance to legally operate. Policies must provide at least $500,000 per claim, with approved terms covering negligence and errors. For this reason, legal assistance can be essential when undertaking a broker negligence claim in Alberta.

Many clients rely on brokers to identify risks and explain coverage options. A homeowner may not know which endorsements are needed. A business owner may not know how much business interruption coverage is appropriate. A landlord may not know whether the property has been insured for the correct use.

When a broker fails to provide proper advice, the client may discover the problem only after a loss. By then, the insurer may deny the claim or pay only a limited amount.

Sometimes, a client may need to bring claims against both the insurer and the broker. The insurer dispute may involve the policy wording, while the broker claim may involve negligent advice or failure to obtain proper coverage.

Alberta insurance agents, brokers, and adjusters are subject to industry codes of conduct. These codes address expected conduct when dealing with clients, insurers, claimants, and the public. When they fail to uphold these standards, legal action may be available to clients.

What Constitutes Insurance Broker Negligence In Alberta?

Broker or agent negligence can happen in several ways. The issue is usually whether the broker took reasonable steps to protect the client’s interests. The answer depends on the policy, the client’s needs, the advice given, and the loss that occurred.

Some of the most common broker negligence issues include the following.

Failure To Obtain Proper Coverage

A broker may be negligent if they failed to place the coverage the client requested. This can also happen if the broker failed to bind coverage, failed to confirm a policy was in force, or placed coverage that did not match the client’s instructions.

For example, a business owner may request coverage for a specific location or operation. After a loss, the insurer may say that the risk was not insured. A landlord may believe a rental property was covered, only to learn that the policy did not reflect the property’s actual use.

Our Calgary broker negligence lawyers can review the available records to determine whether your lack of coverage was caused by the negligence of an insurance broker or agent. These may include emails, applications, renewal documents, broker notes, policy declarations, binders, and certificates of insurance.

Underinsurance And Inadequate Policy Limits

Underinsurance refers to situations where there is insurance, but not enough to cover the full loss. This can happen at the start of the broker-client relationship. It can also develop over time.

At the outset, a broker may fail to gather enough information about the property, business, or risks. Over time, the problem may get worse if the same policy is renewed without proper updates. Property values may increase. Rebuilding costs may rise. Renovations may be completed. A business may expand or buy more equipment. In such cases, where no updates are made, property owners may be left with significantly less coverage than they truly need.

If the broker does not ask updated questions, the client may not know their limits are too low. The problem may not become clear until a fire, flood, theft, or business interruption loss occurs.

A broker negligence claim may be available if the broker failed to recommend adequate limits at the time the policy was purchased. A claim may also be possible if the broker failed to suggest appraisals, inspections, or updated financial reviews. In some cases, the broker may have failed to explain how replacement cost coverage actually works.

When underinsurance leaves a homeowner or commercial property owner with a major shortfall, our lawyers can review whether broker negligence contributed to the loss.

Coverage Gaps, Exclusions, And Policy Lapses

A coverage gap exists when the policy does not cover a risk the client thought was protected. This may involve sewer backup, overland water, vacant property, rental use, business activities, equipment, inventory, or claims-made coverage.

A gap may arise because an endorsement was not added. It may also arise because an exclusion was never explained. In other cases, the problem is a policy lapse. A broker may have failed to advise the client about a cancellation, renewal issue, missed payment, or other gap in coverage.

The duty to advise is an important part of the broker’s role. A client may not know which technical insurance terms matter. The broker may need to ask follow-up questions and explain practical risks in plain language.

Our Calgary broker negligence lawyers can review whether the broker’s conduct contributed to the denied claim or uninsured loss.

Broker Misrepresentation And Bad Insurance Advice

Some broker negligence claims involve misleading advice. A broker may have told the client that a certain risk was covered. They may have said the limits were enough, or they may have advised that an endorsement was unnecessary.

After a loss, the insurer may take a different position. It may deny coverage, citing an exclusion or saying that the policy limit is too low.

Broker misrepresentation can also involve information sent to the insurer. If the broker provided incorrect details about the property, business, occupancy, operations, or risk, the insurer may later raise coverage issues.

Our broker negligence claim lawyers in Calgary can assess the broker’s advice and the documents created before the loss. We can also consider whether the broker placed the client in the wrong insurance product.

Limitation Periods For Insurance And Negligence Claims In Alberta

Deadlines are important in Alberta insurance disputes. The Alberta Limitations Act generally sets a two-year limitation period for many civil claims, subject to the facts and the discovery of the claim. Insurance policies may also contain conditions that require prompt notice, proof of loss, cooperation, or other steps.

Alberta’s Insurance Act can also affect the analysis. Insurers may have duties to give notice about limitation periods in certain circumstances.

Do not assume you have time to wait. If your claim has been denied, delayed, underpaid, or affected by a broker’s mistake, speak with a lawyer as soon as possible.

Speak With Our Calgary Insurance And Negligence Claims Lawyers Today

A denied or underpaid insurance claim can put your home, property, or business under serious pressure. A broker mistake can create the same result, even when you thought you had the right coverage.

Preszler Injury Lawyers Alberta can review your insurance dispute and help you understand your options. We assist clients with property damage claims, broker negligence claims, and E&O claims involving agents or brokerages.

Call 1-888-494-7191 today or contact our legal team online to request a free consultation. We serve clients in Calgary and across Alberta, 24/7.

Notable Achievements

PROPERTY INSURANCE DISPUTE OR BROKER NEGLIGENCE IN CALGARY?

Preszler Injury Lawyers assists clients throughout Calgary and across Canada with a wide range of legal matters. 

Contact us today to get started with a free consultation.