Keyword
accident benefits
What auto insurers need to deny coverage based on alleged suicide attempt
May 11, 2022 by David GambrillEditor’s Note: This article has been corrected so that all incorrect references to Unica have been replaced with correct references to Optium. Canadian Underwriter apologizes for the error. If an insurer wishes to deny auto coverage to an injured…
How Ontario plans to reform auto insurance
April 29, 2022 by David GambrillOntario’s 2022 budget has a short paragraph dedicated to “reducing the cost of auto insurance,” including creating more choice for consumers, cracking down on auto insurance fraud and “enhancing fairness,” which would include new guidance on territorial rating. Exactly how…
How to lie to your auto insurer and not repay your benefits
April 11, 2022 by David GambrillA claimant who lied to TD Insurance about an acquaintance being present with her in a car crash so that her acquaintance could collect accident benefits does not have to repay her own benefits because of the misrepresentation, Ontario’s License…
A CEO is injured while jogging. Does his personal or commercial auto benefits apply?
March 8, 2022 by David GambrillA company CEO who has both personal and commercial auto insurance is not considered to be a “deemed insured” under the commercial auto policy if he has never before driven a company vehicle – even if he had access to…
Court upholds minor injury guideline on shoulder tears
March 7, 2022 by David GambrillPartial shoulder tears are “minor injuries” under Ontario’s Minor Injury Guidelines (MIG), which cap accident benefits for drivers suffering minor injuries at $3,500, the License Appeal Tribunal (LAT) has confirmed. Mohd’Ismail Patel, a delivery truck driver, was injured in an…
You must show more than pain to claim a non-earner benefit
February 23, 2022 by David GambrillIt’s a long-held proposition that auto insurance is supposed to restore an injured driver to their pre-accident state of health — but what if that state was one of chronic pain following 15 years of being injured in a prior…
Court weighs in on when insurers are prejudiced in AB claims
February 8, 2022 by David GambrillIn considering whether an insurer is prejudiced by extending the two-year limit to file an appeal of termination of accident benefits, an appeals tribunal should be considering the period of the proposed extension, not the sum total of the time…
Canada’s top court weighs in on HST case concerning accident benefits
January 24, 2022 by David GambrillClaimants who sought a settlement with insurers over HST being deducted from their accident benefits have lost their bid to have their claims certified as class actions. The Supreme Court of Canada rejected leave to appeal the case on Jan.…
Ontario auto claimants seek leave to appeal HST dispute to Supreme Court
October 13, 2021 by Greg MeckbachA 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…
Appeal court rules for insurers in handling of HST in auto AB claims
May 27, 2021 by Greg MeckbachOntario 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,…
Mystery solved: Phantom passenger loses accident benefits case
January 6, 2021 by David GambrillOntario’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…
Advocates pushing for this temporary accident benefit reform
April 6, 2020 by Greg MeckbachAccident 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…