National Union Fire Ins. Co. v. McDougall

This case involves the question whether an employer (or its insurance carrier) can be held liable under the provisions of the Workers’ Compensation Act 1 and the Wage Payment and Collection Act 2 for failure to pay an award made by the Industrial Accident Board, notwithstanding a finding that the failure to pay does not amount to a breach of the implied contractual obligation of good faith and fair dealing. Because we hold that an employer can be held liable under the Acts in question even when nonpayment of an award was not in bad faith, we affirm the ruling of the Superior Court.

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