Auto policy rescission for misrepresentation
Responding to an insurer that voids a policy over alleged errors about the driver, address or vehicle use.
What is included
- Reviews your policy, the claim file and the insurer's decision letter
- Explains what the policy wording likely covers and any exclusion the insurer relies on
- Writes to the insurer or adjuster for you and asks for its reasons and claim documents
- Negotiates with the insurer and, where needed, starts a court action
- Advises on related steps such as appraisal, the insurer's complaint process or mediation
What is not included
- Court filing fees, reports and other disbursements
- Appeals or later stages beyond the scope in the lawyer's written retainer
- Claims against other people or companies unless added to the retainer
- Fees of appraisers, adjusters, contractors or engineers you hire
Who this service is for
- Homeowners, tenants and landlords whose property claim was denied or underpaid
- Drivers in a dispute with their own auto insurer
- Businesses with a denied property, crime or business interruption claim
- People whose insurer alleges misrepresentation or fraud
Information to have ready
- 1Your full policy, including the declarations page and endorsements
- 2The insurer's denial or decision letter and all correspondence
- 3Photos, receipts, estimates and any proof of loss you filed
- 4Police, fire or incident reports, if any
- 5A short timeline of the loss and your dealings with the insurer
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $350–$700/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
The insurer denied my claim. Is that the final word?
Not always. Depending on the policy and the facts, a denial can often be questioned through the insurer's own process, a complaint body or a court claim, and the lawyer can tell you which steps fit.
Should I keep dealing with the adjuster?
You usually still have to co-operate with the insurer's investigation under the policy. Once retained, the lawyer can advise you on what to provide and deal with the adjuster for you.
Is there a deadline to sue my insurer?
Yes. Limitation periods apply to insurance claims, and the policy may also set deadlines for notice and proof of loss. A referral does not stop a limitation period, so contact a lawyer promptly.
Can a smaller insurance claim go to Small Claims Court?
Claims of $50,000 or less can usually be brought in Small Claims Court, where a licensed paralegal may also represent you. Ask NEO whether your claim fits; larger or more complex claims go to a lawyer.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Limitation periods keep running during a referral, so act promptly
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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