Canadian Underwriter

accident benefits

Female medical practitioner reassuring a patient
News AdjustersClaimsInsuranceLegalLegislation / Regulation

Court upholds Aviva’s travel deductible for trips to medical appointments

April 8, 2024 by David Gambrill

Newfoundland 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

Calculating the cost of auto insurance
News BrokersClaimsClaims CanadaInsuranceMarkets / Coverages

Are optional auto benefits a good choice for your clients?

April 5, 2024 by Jason Contant

Ontario’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

Car keys laying on top of an auto insurance policy
News ClaimsClaims CanadaInsuranceLegalMarkets / Coverages

What the P&C industry thinks of Ontario’s 2024 budget

March 27, 2024 by Jason Contant

Proposed 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

Much money and a motorcycle.
News BrokersClaimsInsuranceLegalLegislation / Regulation

Innocent victim of insurance fraud? Why a tribunal found otherwise….

March 25, 2024 by David Gambrill

An 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

Justice and law symbol statue
News ClaimsLegalLegislation / Regulation

Top court clarifies standard for judicial review of LAT decisions

March 15, 2024 by David Gambrill

Canada’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.

Taxi car with Uber logo on the snowy street.
News ClaimsInsuranceLegalMarkets / Coverages

Why this Uber driver was not injured in an auto accident

February 26, 2024 by David Gambrill

An 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

Scene of a car accident
News ClaimsInsuranceLegal

What a tribunal said about psychological symptoms in an auto case

September 5, 2023 by David Gambrill

Ontario’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

Person experiencing anxiety disorder.
News InsuranceLegal

Where the burden of proof lies in accident claim adjudications

August 28, 2023 Philip Porado

An 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

Back pain
News ClaimsInsuranceLegal

Why AB claim doesn’t clear minor injury guideline hurdle

August 15, 2023 Philip Porado

An 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

Gavel and scales of justice.
News ClaimsInsuranceLegal

Why AB claimant won’t receive additional benefits

August 1, 2023 Philip Porado

An 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

Doctor fitting a wrist brace after a sprain
News ClaimsInsuranceLegal

Why this AB claimant couldn’t prove an inability to carry on a normal life

July 27, 2023 Philip Porado

An 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

Snowmobiler jumping in the mountains
News ClaimsInsuranceLegal

Gore loses priority case in fatal snowmobile crash

June 22, 2023 by David Gambrill

Gore 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