Keyword
accident benefits
Top court rejects Travelers appeal in dirt bike accident benefits case
June 15, 2023 by David GambrillIt’s the end of the line for Travelers’ appeal of an accident benefits case involving a dirt bike driven in a closed course competition. The Supreme Court of Canada rejected the insurer’s leave to appeal Thursday. This means a dirt…
Trial lawyers to intervene in important accident benefits case
March 2, 2023 by David GambrillOntario’s Superior Court has allowed the Ontario Trial Lawyers Association (OTLA) to intervene in an auto insurance case that will address whether a settlement agreement is enforceable when the injured claimant dies before accident benefits (AB) structured settlement instructions were…
Accident benefits claimant misses notification period by two decades
February 3, 2023 by David GambrillOntario’s Licence Appeal Tribunal (LAT) has denied an application for auto accident benefits from a woman injured in an auto accident because she missed the 30-day window to notify her insurance company — by more than 20 years. On May…
Which came first: Accident notification, or the accident benefits application forms?
January 17, 2023 by David GambrillIn a true chicken-and-egg argument, an Ontario man claimed his “reasonable explanation” for taking two years to inform his auto insurer about his injuries from a 2019 accident is because he never received the Application for Accident Benefits (OCF-1) form…
Insureds traumatized by witnessing car accidents are not entitled to benefits: tribunal
January 10, 2023 by David GambrillInsured drivers who suffer psychological trauma from seeing the aftermath of other people’s serious car accidents are not entitled to collect accident benefits, Ontario’s Licence Appeal Tribunal (LAT) has ruled. That’s because named insureds who witness other people’s car accidents…
Auto insurers: Dos and don’ts for sending out IE notices
December 13, 2022 by David GambrillOntario auto insurers don’t have to send out requests for independent medical exams (IME) at the same time they send out claim denial letters, nor are they barred from requesting IMEs after claimants have applied to the Licence Appeal Tribunal…
Why this dirt bike in closed competition was considered an “automobile”
November 25, 2022 by David GambrillA dirt bike driven in a closed course motocross competition is an “automobile” under Ontario’s auto accident benefits scheme, thus paving the way for a seriously injured driver to claim auto accident benefits from his auto insurer, the Ontario Court…
Walking towards your car, you slip and fall on ice. Is this an ‘auto accident’?
November 18, 2022 by David GambrillIf you slip and fall on ice within 10-15 feet of your car, the car did not cause your fall, so that isn’t an ‘auto accident’ under the Statutory Accident Benefits Schedule (SABS), Ontario’s Licence Appeal Tribunal (LAT) ruled last…
What Licence Appeal Tribunal changes mean for insurers
October 25, 2022 by Alyssa DiSabatinoRecent changes to the Licence Appeal Tribunal (LAT) process are intended to clear the tribunal’s own backlog, but they have complicated the Automobile Accident Benefits Service (AABS) process, which has in turn created “unfair” costs for insurers, says an prominent…
Aviva wins appeal regarding EI deductions from IRB benefits
September 6, 2022 by David GambrillAviva Canada successfully appealed a tribunal decision that called for the insurer to pay full auto insurance income replacement benefits (IRB), with no deduction, on top of the sickness benefits she was already receiving under the Employment Insurance Act (EIA).…
Auto insurers had it right in accident benefits HST case, Appeal Court rules
August 3, 2022 by David GambrillAuto insurers that paid catastrophically impaired accident victims attendant care benefits prior to a regulatory clarification in 2019 do not have to pay provincial sales tax above and beyond the benefit limits outlined in law, the Court of Appeal for…
Should you attach a dispute-resolution form to a denial letter?
June 8, 2022 by David GambrillAn injured auto driver has lost an appeal against her insurer, which denied benefits a full seven years before she launched her legal challenge against the decision. One notable aspect of the case was whether the claimant received a dispute…