Legal action has been started for Denied Canadian Dentist Business Interruption Insurance

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JOIN other dentists for Business/Practice Interruption Legal Claims

Dentists have been significantly impacted by the COVID-19 outbreak and the government-mandated shutdowns. We have received many inquiries from dentists regarding the possibility of insurance coverage and legal claims for Business/Practice Interruption.

A group of dentists have retained a leading national law firm, McCarthy Tétrault  LLP, to pursue their legal claims against insurance companies and potentially insurance brokers for Business/Practice Interruption as a result of COVID-19. This includes legal claims against Aviva for business interruption loss, even if pandemic coverage has been paid.

Significantly, McCarthy Tétrault  LLP has been officially retained on a full contingency basis.  As a result, dentists who wish to protect their legal rights and pursue legal claims DO NOT have to pay any amount for legal fees, and are not exposed financially in the event that claims are unsuccessful.

If you are interested in joining the growing group of dentists who are seeking compensation for Business/Practice Interruption loss due to COVID-19, please email the following information to dentalbiclaims@mt3.ca:

(i)            your name,

(ii)           the name of your insurance company,

(iii)          the name of the insureds listed in your insurance policy, and

(iv)          the name of your insurance broker, including the name of the brokerage company.

All of this information can be found in your insurance policy. McCarthy Tétrault LLP will ensure that there is no conflict to representing you and will then send you a confidential link to use to formally retain McCarthy Tétrault LLP and provide the documents and information necessary to protect your legal rights and pursue a claim for compensation.

For further questions or inquiries, feel free to reach out to the Ad-Hoc Dental Insurance Council:

Dr. Azeem Sheikh, drsheikh@bramptondentalarts.com
Dr. Sanjay Uppal, sanjayuppal@yahoo.com
Dr. Manav Dua, drmanav@yahoo.com
Dr. Fahimay Naqvi, fahimaytaj@icloud.com
Dr. Ali Tavakoli, sooli_s@yahoo.com
Dr. Jeff Li,  jeff@ptboperio.ca
Dr. Manuel Resendes, drmr@resendes.ca
Dr. Novin Sabzevari, novinsab@gmail.com
Dr. Jeevan Gill, drjeevangill@gmail.com
Dr. Natalie Brothers, nataliebrothers@hotmail.com
Dr. Hari Patel, dmdhpatel@gmail.com
Mr. Daniel Simard, daniel@toothcorner.com

 

Frequently Asked Questions

Who is pursuing legal claims?

A large group of dentists have retained a leading national law firm, McCarthy Tétrault  LLP, to pursue legal claims to recoup COVID-19 related business interruption loss.

Who is eligible to join?

Any Canadian dentist who has suffered a COVID-19 related loss can participate. This includes dentists who have already sought or received pandemic coverage from Aviva, or who have not yet given notice to their insurer. Notice can be given to the insurer after the law firm is retained.  

Who are the claims being made against?

Claims are being made against insurance companies. In some instances, it is also possible that claims may be made against insurance brokers. Before commencing any claim, conflicts must be cleared by McCarthy Tétrault LLP. In the event that McCarthy Tétrault LLP cannot pursue a claim as a result of a conflict, the dentists have arranged for alternate counsel to do so.  

What is being claimed?

Claims are being made for any amounts owed, or that ought to be owed, to dentists pursuant to their property insurance policies for COVID-19 related loss, such as Business/Practice Interruption Loss.

Is this a “class action”?

No. Claims are being pursued on an individual, but coordinated, basis.

Do I have to pay anything?

Dentists only pay if the claims are successful. McCarthy Tétrault has been retained on a full contingency basis.  As a result, individual dentists who wish to protect their legal rights and pursue legal claims do not have to pay any upfront amount for legal fees.

What do I do if I want to make a claim?

If you are interested in joining the growing group of national dentists who are seeking compensation for Business/Practice Interruption loss due to COVID-19, please email the following information to dentalbiclaims@mt3.ca:

i)               Your name;

ii)              The name of your insurance company,

iii)            The name of the insureds listed in your insurance policy, and

iv)            The name of your insurance broker, including the name of the brokerage company.

All of this information can be found in your insurance policy. McCarthy Tétrault will ensure that there is no conflict to representing you and will then send you a retainer agreement to retain McCarthy Tétrault and a confidential link to use to provide the documents and information necessary to protect your legal rights and pursue a claim for compensation.

Can I make a claim even if my insurance broker has told me that I don’t have a claim or if I have made a claim and it has been denied by my insurer?

Yes. Even if your insurance broker has told you that you have no coverage, or your insurer has denied your claim, it is still important to have your case reviewed to ensure that your legal rights are protected and you have been paid any amount that you are entitled to.

How much money will I get if I make a claim?

Whether a dentist is entitled to any amount of money depends on the specific circumstances or his/her case and policy language.

Can I make a claim even if I have sought or received pandemic coverage from my insurer (such as Aviva)?

Yes. Even if you have sought or received pandemic coverage from your insurer, you may still be entitled to further compensation. This can only be determined after review of your specific circumstances and policy language.

What should I do if my insurance company (such as Aviva) askes me to sign a release or other document in order to be paid insurance coverage?

It is important that you seek legal advice before signing a release or any other document that might waive your right to further compensation.