Keyword
accident benefits
Court upholds Aviva’s travel deductible for trips to medical appointments
April 8, 2024 by David GambrillNewfoundland and Labrador’s Supreme Court has dismissed a proposed class action lawsuit against Aviva Canada and Aviva General Insurance Company over a discretionary travel deductible the insurer imposed on medical and rehab accident benefits expenses. Aviva imposed a 25-kilometre (round…
Are optional auto benefits a good choice for your clients?
April 5, 2024 by Jason ContantOntario’s recent 2024 budget proposes expanded choice for auto insurance consumers by offering more optional accident benefit coverages, but that may wind up being a zero-sum game that sends clients down a slippery slope, suggests Adam Mitchell, CEO of Ontario…
What the P&C industry thinks of Ontario’s 2024 budget
March 27, 2024 by Jason ContantProposed reforms to Ontario auto insurance will make life simpler for accident victims but could increase premiums and costs for insurers, says David Marshall, who’s served as senior advisor to the provincial government on auto insurance and pension funds. In…
Innocent victim of insurance fraud? Why a tribunal found otherwise….
March 25, 2024 by David GambrillAn injured motorcyclist claiming he was the innocent victim of fraud had the wherewithal to know he was not carrying valid insurance, thus disqualifying him from receiving accident benefits, the Ontario Licence Appeal Tribunal (LAT) ruled Thursday. The tribunal said…
Top court clarifies standard for judicial review of LAT decisions
March 15, 2024 by David GambrillCanada’s top court has kicked an auto accident benefits dispute back to the Ontario Licence Appeal Tribunal, effectively confirming courts have discretion to review decisions from the LAT, even if claimants only have a limited right to appeal LAT decisions.…
Why this Uber driver was not injured in an auto accident
February 26, 2024 by David GambrillAn Uber driver who slipped on ice when helping a passenger load the trunk was not involved in an auto ‘accident,’ the Ontario Licence Appeal Tribunal has ruled. The ruling is consistent with a trend in Ontario case law over…
What a tribunal said about psychological symptoms in an auto case
September 5, 2023 by David GambrillOntario’s Licence Appeal Tribunal has rejected a claim for auto accident benefits arising from psychological symptoms, finding that while these symptoms happened after the crash, they were not caused by the crash. Also, the adjudicator found the injured insured’s doctors…
Where the burden of proof lies in accident claim adjudications
August 28, 2023 Philip PoradoAn applicant who was able to prove on a balance of probabilities that she should be removed from the minor injury guideline (MIG) because of a psychological impairment is entitled to additional accident benefits, Ontario Licence Appeal Tribunal adjudicator Nick…
Why AB claim doesn’t clear minor injury guideline hurdle
August 15, 2023 Philip PoradoAn applicant who failed to demonstrate her injuries weren’t minor cannot receive benefits beyond the minor injury guideline (MIG), an adjudicator determined in an Aug. 14 Licence Appeal Tribunal (LAT) decision (Reid v. Aviva General Insurance, 2023 ONLAT 20-015102/AABS – A). The MIG…
Why AB claimant won’t receive additional benefits
August 1, 2023 Philip PoradoAn applicant citing pain and other issues did not meet the burden of proof for an insurer to provide benefits beyond the minimum injuries guideline (MIG), adjudicator Janet Roswell wrote in a July 28, 2023 Licence Appeal Tribunal decision (Jabbour…
Why this AB claimant couldn’t prove an inability to carry on a normal life
July 27, 2023 Philip PoradoAn accident benefits claimant failed to meet the stringent non-earner benefit (NEB) test and is not entitled to ongoing benefits, adjudicator Derek Grant wrote in a July 21, 2023 Licence Appeal Tribunal decision. The claimant, Dominik Crnogorac (referred to afterwards…
Gore loses priority case in fatal snowmobile crash
June 22, 2023 by David GambrillGore Mutual has lost its appeal of a priority decision in an accident benefits case related to the fatal crash of two snowmobiles, one covered by insurance, the other uninsured. Ontario’s Appeal Court ruling means Gore Mutual – and not…