Canadian Underwriter

Keyword
accident benefits

News ClaimsClaims CanadaInsuranceLegal

Ontario auto claimants seek leave to appeal HST dispute to Supreme Court

October 13, 2021 by Greg Meckbach

A dispute over the handling of sales tax in Ontario auto accident benefits claims could reach the Supreme Court of Canada. In 2018, several auto clients filed lawsuits in Ontario against accident benefits insurers. Plaintiffs allege those carriers either included

News ClaimsClaims CanadaLegal

Appeal court rules for insurers in handling of HST in auto AB claims

May 27, 2021 by Greg Meckbach

Ontario auto insurance claimants cannot take insurers directly to court over how carriers treat sales tax on accident benefits claims, the province’s appeal court has ruled. This is because the province’s Licence Appeal Tribunal, not the Superior Court of Justice,

News ClaimsInsurance

Mystery solved: Phantom passenger loses accident benefits case

January 6, 2021 by David Gambrill

Ontario’s Licence Appeal Tribunal (LAT) has denied accident benefits to a claimant who said she had been injured in an auto collision, finding that the claimant could not prove she was actually in the car when the accident happened. Maxine

News ClaimsClaims CanadaInsurance

Advocates pushing for this temporary accident benefit reform

April 6, 2020 by Greg Meckbach

Accident benefits clients who are seriously injured could be running into issues with attendant care benefits because of the social distancing precautions in effect with the COVID-19 pandemic. FAIR Association of Victims for Accident Insurance Reform has heard that some

News AdjustersClaimsInsuranceLegal

Did the threshold for special awards against insurers just sink lower?

January 9, 2020 by David Gambrill

A recent decision of the Licence Appeal Tribunal (LAT) concerning an ice fishing accident in Ontario shows that insurers cannot simply rely on the opinions of medical assessors when determining a claimant’s needs, according to one insurance defence lawyer. In

News AdjustersClaims CanadaInsuranceLegal

Two-year window to dispute auto claim denial not a ‘hard limitation,’ court rules

November 13, 2019 by Greg Meckbach

The two-year time limit to take auto accident benefits disputes to Ontario’s Licence Appeal Tribunal (LAT) is not a “hard limitation” period, the province’s appeal court has ruled. In Tomec v. Economical Mutual Insurance Company, released Nov. 8, the Court

News Insurance

Top court cuts down “apples” approach to tort award reduction

July 11, 2019 by Greg Meckbach

Adjusters and insurance defence lawyers who think the “apples-to-apples” approach to deducting future no-fault benefits from tort awards is rotten will likely find relief in a Supreme Court of Canada ruling released Thursday. Canada’s top court announced July 11 it

News Insurance

Optional benefits priority ruling could create “administrative nightmare” for auto insurers

July 9, 2019 by David Gambrill

An insurance defence lawyer is warning of a potential “administrative nightmare” for insurers in light of a recent Court of Appeal for Ontario decision on priority disputes involving optional benefits. Continental Casualty Company v. Chubb in Ontario is now becoming

News InsuranceLegalLegislation / Regulation

Priority dispute over accident benefits hinges on endorsement

June 26, 2019 by Jason Contant

Continental Casualty Company (CNA Canada) must pay both mandatory and optional accident benefits to an injured pedestrian after a judge set aside the decision of an arbitrator in a priority dispute. Arbitrator Kenneth Bialkowski concluded in an April 2018 decision

News ClaimsLegal

Supreme Court to consider insurer’s medical examiner defamation suit against lawyer

April 26, 2019 by Greg Meckbach

A $15-million defamation lawsuit by a doctor who examines accident benefits claims on behalf of auto insurers is headed to the Supreme Court of Canada. The top court announced Thursday it will hear an appeal of Platnick v. Bent, released Aug.

News ClaimsInsuranceLegal

AB case generates massive confusion around “but for” causation test

February 21, 2019 by Jason Contant

A recent Ontario accident benefits case has highlighted ongoing confusion about how to identify and apply the proper causation test — including the contentious “but for” clause. The case revolves around whether the “but for” test of causation or the

News ClaimsInsuranceLegal

Court weighs in on approach for deducting accident benefits from tort damages

December 6, 2018 by Jason Contant

An Ontario court has ruled that accident benefits should be deducted from tort damages using a “silo” approach rather than a strict matching (“apples-to-apples”) approach. In a lengthy and complex decision covering a wide variety of legal points, the Court