Notice to Clients Regarding COVID-19

Legal Blog

Back
01 May 2020

Automobile insurer need not disclose its internal procedures for responding to accident benefit clai

by Erika Hachey
  • SHARE

Intact Insurance Company v. Malloy, 2020 NSCA 18

Shauna Malloy was injured in October of 2014 in a motor vehicle accident.  She applied for coverage through her own automobile insurer, Intact Insurance, which was granted. Unfortunately, disagreement between the two arose when Intact Insurance denied coverage for a surgical procedure.  Ms. Malloy brought an action against Intact for coverage of the procedure and alleging Intact breached their duty of good faith.

Ms. Malloy’s counsel requested that Intact disclose its policies, procedures, guidelines and internal documents concerning how Intact handles and resolves accident benefit claims.  Intact Insurance denied this request, claiming the documents were not relevant.  Ms. Malloy’s counsel brought a motion against Intact for production of the requested documents.  The motions judge agreed with Ms. Malloy’s position and ordered Intact to produce the documents.  Intact appealed.

The Nova Scotia Court of Appeal stated that Ms. Malloy had not proved any such policies exist, or that Intact had failed to follow their internal policies.  Overall, the request made by Ms. Malloy was too broad because every internal policy, procedure, guideline, or document in the possession of Intact could not possibly be relevant to the very narrow claim asserted by Ms. Malloy.  The appeal was allowed.

You can read Intact Insurance Company v. Malloy, 2020 NSCA 18 in its entirety here.