Keyword
auto accident benefits
Insurers don’t need a medical reason for denying IRB: Appeal Court
February 9, 2023 by David GambrillAn auto insurer does not have to state a medical reason for terminating a claimant’s income replacement benefits (IRBs) if there is another legal, non-medical ground for doing so (such as a return to work, for example), the Ontario Court…
Symptom validity test of auto victim upheld by doctor’s professional review board
August 16, 2022 by David GambrillOntario’s overseer of medical health professionals has rejected a car accident victim’s complaint about an independent medical examiner selected by the auto insurer over the psychologist’s use of symptom validity testing. At the request of his insurer, the claimant saw…
Auto AB claim: Where privacy meets abuse of process
June 1, 2022 by David GambrillAn Ontario court has rejected the privacy concerns of an auto accidents benefits claimant who refused to attend a psychological examination required by his insurer, finding that the claimant’s privacy concerns amounted to an abuse of process. Ali Baradaran Bagherian…
Insurer can dispute conviction of driving without insurance in accident benefits priority dispute
August 24, 2017 by Canadian UnderwriterFederated Insurance Company of Canada is allowed to bring forth arguments – in an Ontario auto accident benefits priority dispute with Intact Insurance Company – that a motorist convicted of driving without insurance was nevertheless insured by Intact, now that the Supreme Court of Canada has denied Intact leave to appeal.
Court records indicate that in early 2010, Patrick Cadieux had his vehicle insured by Intact. But his premium payment for February, 2010 was returned due to non-sufficient funds, Justice James Diamond of the Ontario Superior Court of Justice noted…
Quick Resolution
June 1, 2017 May Gibillini, President, InHEALTH Inc.The Licence Appeal Tribunal has been hearing disputed Ontario accident benefits claims for more than a year. Although disputes seem to be resolved more quickly than they were by the Financial Services Commission of Ontario, it remains to be seen whether or not claimants are getting access to benefits in a more timely manner.
‘Fresh approach’ needed for Ontario auto insurance: IBC CEO
April 25, 2017 Greg Meckbach, Associate EditorA report released two weeks ago is “probably the best description we have to date of what is wrong” with Ontario’s auto insurance system, the chief executive officer of Insurance Bureau of Canada said Tuesday. In opening remarks at IBC’s…
Court rules against ICBC in disability benefits dispute
May 24, 2016 by Canadian UnderwriterThe British Columbia Court of Appeal recently ruled against the province’s government-run auto insurer when it upheld a lower court decision awarding disability payments after the 104-week period covered by the regulation covering auto accident benefits, essentially finding that a…