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Showing posts under "Accident Benefits"
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A Rastin Review of Aviva Canada v. Sidhu: The Importance of Protecting the Consumer in the World of Insurance
Dec 18, 2018

In our case of Smith v. Co-operators General Insurance Co., [2002] 2 S.C.R. 129 (S.C.C.) Steve Rastin argued before the Supreme Court of Canada that the insured person, Ms. Smith, was not given a proper refusal by her insurance company when she was... Read more

Do you have to return the money if your insurance company overpays you for a loss?
Jul 18, 2018

The unfortunate answer is yes. According to the Ontario Court of Appeal, in the recent case of Gore Mutual Insurance Company v. Dr. George Carlin et al., heard on July 4, 2018, you are required to... Read more

Think your claim doesn’t stand a chance against a big Insurance Company? This win for the underdogs could change your mind
Feb 09, 2018

It is not very often we have the David vs. Goliath scenario played out in the courtroom. When it does happened, it is worth much more than a passing comment. The Persampieri v. Hobbs is just that case... Read more

B.C. Court awards Damages to Injured Pedestrian and finds Insurer and Agents guilty of Malicious Prosecution
Mar 20, 2017

After prosecutors dropped a charge of trying to defraud an insurer against an injured pedestrian, the previously accused woman filed a civil claim against the Insurance Corporation of B.C.and its agents for malicious prosecution and negligent investigation... Read more

Appeals Court rules Insurer may deduct Non-earner Benefits from LTD Payments
Feb 07, 2017

The Appeal Court ruled that the appellant’s Group Plan insurer could deduct the amount of non-earner benefit (NEB) her vehicle insurer was paying her in connection with a second accident, from the long term disability benefits (LTD) she was receiving for a previous accident... Read more

Insurers must provide a Reason if they request an Examination Under Oath
Nov 08, 2016

Insurers have a right to request an examination under oath (EUO) if an injured person claims statutory accident benefits; however, insurers must provide the claimant with a notice that includes a specific reason for the examination. Failure to do so can result in the claimant rejecting the EUO request... Read more

Complications when claiming Accident Benefits for a Minor
Sep 26, 2016

When does the limitation period begin when a claim is filed on behalf of a child who was hurt in an accident? A pre-arbitration hearing for Moran v. Economical Mutual Insurance Co., considers this issue, as well as the issue of how a Disability Certificate may effect eligibility for non-earner benefits... Read more

Invoking Uninsured and Underinsured Coverage when a Vehicle is taken without Consent
Sep 16, 2016

Can you file a claim for uninsured automobile coverage if you are injured while driving in an insured vehicle that is taken without consent? This issue was at the heart of an injury claim, in Skunk v. Ketash, 2016.. Read more

Statutory Deductibles can affect a Claimant's Awarded Damages
Apr 30, 2016

Amendments and revisions to Ontario's Insurance Act can have a significant effect on an accident victim's award of damages, as occurred in a 2016 trial, Corbett v Odorico... Read more

Filing an OPA and OPCF 44R claim for Unidentified Driver Coverage
Mar 18, 2016

The Ontario Automobile Policy (OPA) and The Family Protection Coverage Endorsement OPCF 44R (OPCF 44R) exist to compensate car accident victims even if the at-fault/negligent driver is unknown. Here we discuss the requirements and factors involved in making a claim for unidentified driver coverage... Read more

Rules against Double Recovery Prevent Compensation for the Same Expense in an Accident Benefits Claim and Tort Action
Feb 29, 2016

Ontario residents injured in a motor vehicle accident are entitled to statutory accident benefits regardless of fault, as well as tort damages against the negligent person. However, the amount of damages awarded in a civil lawsuit may be reduced if the accident victim was already awarded a statutory accident benefit for the same expense... Read more

Claims are sometimes allowed past the deadline defined in the Limitations Act
Feb 11, 2016

Personal injury claims are statute-barred, which means an accident victim is required to file a claim within the specified period defined by the Limitations Act. However, sometimes circumstances, such as accurate assessment of an injury, make it difficult to adhere to this limitation period and your claim may still be allowed to proceed... Read more

How a Failure to Report your Accident and Injury may result in Forfeiture of your Claim
Jan 26, 2016

There are specific guidelines and legal regulations associated with making a claim for accident benefits or for damages resulting from personal injury. A failure to adhere to these legal requirements can result in the loss of compensation. Understand how this can affect your civil claim in the aftermath of a car accident... Read more

Changes to Laws can Affect your Personal Injury Claim
Dec 15, 2015

Laws are frequently changed or amended. These changes can have a significant effect on an individual?s claim and their ability to receive owed benefits... Read more

The Implications of signing a Liability Waiver for your Personal Injury Claim
Oct 07, 2015

Engaging in physical activities after having voluntarily signed a waiver absolving an organization or person of any liability can make it difficult to file a personal injury claim in the event of an injury. .. Read more

Arbitration determines Insured's Accident Benefits must be Reassessed
Sep 22, 2015

Arbitration successfully resolved a disability benefits dispute in the case of Arruda v Western Assurance, and thus avoided lengthy trial... Read more

Insurers Continue Effort to Deprive Accident Victim of Legitimate Interest Owed Even After Losing Trial
Sep 11, 2015

Personal injury cases can be a very complex process. They do not always end at the conclusion of the trial phase and it is important to understand some of the issues involved in successfully claiming for damages awarded.. Read more

It can affect your claim for accident coverage when the insurer withholds information from you
Sep 04, 2015

The Family Protection Coverage Endorsement clause (“OPCF 44R”) provides additional coverage if you are injured by an individual who is underinsured or has no insurance. But what happens when your claim requires information from the other party’s insurer?.. Read more

Limitation Period in Challenging Your Insurer's Refusal of Benefits
Aug 25, 2015

All insurance policies have rules and guidelines for making claims and challenging a refusal of benefits. Understanding these rules and guidelines is very important... Read more

Claimant must prove 'What Constitutes An Accident?'
Aug 25, 2015

Accident Benefits are an important part of insurance coverage. However, sometimes it is difficult to prove that an accident actually occurred... Read more