Class Actions

The Personal Insurance Co. Privacy Breach Class Action —

This proposed breach of privacy class action is brought on behalf of all persons resident in Canada who made insurance claims under their automobile insurance policies with The Personal Insurance Company after January 18, 2012 and who had their credit score information accessed by The Personal or its agents.

Settlement Reached

After lengthy negotiations, the parties have reached a settlement of this action. The settlement is not binding until it is approved by the Ontario Superior Court of Justice.

Under the terms of the settlement, the parties agreed to the following:

  • The Defendants will pay $2,200,000 to the class in exchange for a full release from the claims made in the action (the “Settlement Fund”).
  • The Settlement Fund will be distributed equally to all class members with valid claims, after deduction of legal expenses, HST, disbursements, and an honorarium to the representative plaintiff. Class counsel anticipates that each class member will receive $150 or more depending on the number of valid claims received.
  • Class members who remain insureds of The Personal will not need to submit claim forms. Settlement cheques will be directly mailed to their last known address registered with The Personal.
  • All other class members will be required to provide the claims administrator with: (1) their name, (2) their policy number with The Personal, and (3) their address. These claims will be checked against a master list of class members to be provided by The Personal to the claims administrator.

A full copy of the Settlement Agreement, including schedules may be reviewed here.

Certification, Settlement, and Counsel Fee Approval Hearing

A hearing to certify this action as a class action, to approve the settlement, and to approve counsel fees has been scheduled for Monday, October 7, 2019.

Class counsel will post its materials in support of the settlement approval on this website in the coming weeks.

Notice of the Settlement

Please note that the claims period is not yet open.

If and when this action is certified and the settlement approved, updates will be provided on this website. If you received a notice about the settlement approval hearing, it is because The Personal has identified you as a class member.

If the settlement is approved, a direct notice will be sent to class members by mail or email by the claims administrator. At that time, class members will have an opportunity to proceed with a claim or to opt-out of the action.

If you are no longer insured with The Personal, please provide us with your current mail and email address, so we can ensure that the notice is sent to you.

Case Overview

Persons involved in motor vehicle accidents in Canada expect their first-party insurers to treat them fairly. These include reasonable expectations that they will not be given a different treatment than other insureds based upon their financial history, and they expect that their privacy will be respected. Insurers have a legal obligation to act with utmost good faith towards their insureds.

This proposed breach of privacy class action was initially commenced in Federal Court on behalf of all persons resident in Canada who made insurance claims under their automobile insurance policies with The Personal Insurance Company (“The Personal”) after January 18, 2012 and who had their credit score information accessed by The Personal or its agents. The claim has been recommenced in Ontario Superior Court for certification and settlement purposes.

On March 14, 2017, the Office of the Privacy Commissioner of Canada (the “OPCC”), found that The Personal collected and used credit information from one of its insureds, without obtaining meaningful consent, and in a manner that a reasonable person would consider inappropriate. In doing so, the OPCC concluded that The Personal violated Section 5(3) and Principle 4.3 of the Personal Information Protection and Electronic Documents Act.

The Ontario Superior Court Claim alleges that The Personal breached its contractual obligations to its insureds by seeking credit score information from insureds who were making claims for accident benefits under their automobile insurance policies because this request breached privacy legislation.

The Personal advised the Office of the Privacy Commissioner that it has ceased the practice of collecting and using credit score information during its claims assessment process, as the OPCC had recommended.

Amongst other relief, the Ontario Superior Court claim seeks damages on behalf of all class members for The Personal’s alleged breach of its contractual obligations to respect its insureds’ privacy interests.

Was your privacy breached?

If you believe that you or someone you know was asked to disclose their credit score, or other personal financial information, as part of an accident benefits insurance claim, we would like to hear from you.

If you complete our online form, we will respond to your inquiry, typically within one business day. Or you can contact us at:

reception@waddellphillips.ca

(t) 647-261-4486
(f) 416-477-1657

36 Toronto St., Suite 1120, Toronto, ON, M5C 2C5, attn.: The Personal Privacy Class Action

Settlement Reached

After lengthy negotiations, the parties have reached a settlement of this action. The settlement is not binding until it is approved by the Ontario Superior Court of Justice.

Under the terms of the settlement, the parties agreed to the following:

  • The Defendants will pay $2,200,000 to the class in exchange for a full release from the claims made in the action (the “Settlement Fund”).
  • The Settlement Fund will be distributed equally to all class members with valid claims, after deduction of legal expenses, HST, disbursements, and an honorarium to the representative plaintiff. Class counsel anticipates that each class member will receive $150 or more depending on the number of valid claims received.
  • Class members who remain insureds of The Personal will not need to submit claim forms. Settlement cheques will be directly mailed to their last known address registered with The Personal.
  • All other class members will be required to provide the claims administrator with: (1) their name, (2) their policy number with The Personal, and (3) their address. These claims will be checked against a master list of class members to be provided by The Personal to the claims administrator.

A full copy of the Settlement Agreement, including schedules may be reviewed here.

Certification, Settlement, and Counsel Fee Approval Hearing

A hearing to certify this action as a class action, to approve the settlement, and to approve counsel fees has been scheduled for Monday, October 7, 2019.

Class counsel will post its materials in support of the settlement approval on this website in the coming weeks.

Notice of the Settlement

Please note that the claims period is not yet open.

If and when this action is certified and the settlement approved, updates will be provided on this website. If you received a notice about the settlement approval hearing, it is because The Personal has identified you as a class member.

If the settlement is approved, a direct notice will be sent to class members by mail or email by the claims administrator. At that time, class members will have an opportunity to proceed with a claim or to opt-out of the action.

If you are no longer insured with The Personal, please provide us with your current mail and email address, so we can ensure that the notice is sent to you.

Case Overview

Persons involved in motor vehicle accidents in Canada expect their first-party insurers to treat them fairly. These include reasonable expectations that they will not be given a different treatment than other insureds based upon their financial history, and they expect that their privacy will be respected. Insurers have a legal obligation to act with utmost good faith towards their insureds.

This proposed breach of privacy class action was initially commenced in Federal Court on behalf of all persons resident in Canada who made insurance claims under their automobile insurance policies with The Personal Insurance Company (“The Personal”) after January 18, 2012 and who had their credit score information accessed by The Personal or its agents. The claim has been recommenced in Ontario Superior Court for certification and settlement purposes.

On March 14, 2017, the Office of the Privacy Commissioner of Canada (the “OPCC”), found that The Personal collected and used credit information from one of its insureds, without obtaining meaningful consent, and in a manner that a reasonable person would consider inappropriate. In doing so, the OPCC concluded that The Personal violated Section 5(3) and Principle 4.3 of the Personal Information Protection and Electronic Documents Act.

The Ontario Superior Court Claim alleges that The Personal breached its contractual obligations to its insureds by seeking credit score information from insureds who were making claims for accident benefits under their automobile insurance policies because this request breached privacy legislation.

The Personal advised the Office of the Privacy Commissioner that it has ceased the practice of collecting and using credit score information during its claims assessment process, as the OPCC had recommended.

Amongst other relief, the Ontario Superior Court claim seeks damages on behalf of all class members for The Personal’s alleged breach of its contractual obligations to respect its insureds’ privacy interests.

Was your privacy breached?

If you believe that you or someone you know was asked to disclose their credit score, or other personal financial information, as part of an accident benefits insurance claim, we would like to hear from you.

If you complete our online form, we will respond to your inquiry, typically within one business day. Or you can contact us at:

reception@waddellphillips.ca

(t) 647-261-4486
(f) 416-477-1657

36 Toronto St., Suite 1120, Toronto, ON, M5C 2C5, attn.: The Personal Privacy Class Action

A tentative settlement was reached on June 28, 2019 between the parties.  The Settlement Agreement can be viewed under the Documents tab. The long form Notice of Hearing provides additional details about how this settlement may affect you.

A court hearing to certify the action, approve the settlement, and approve counsel fees has been scheduled for Monday, October 7, 2019.

This action was started in the Federal Court and recommenced in Ontario Superior Court on July 2, 2019 for certification and settlement purposes.

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