Keyword
income replacement benefits
Why this address misrepresentation ruling was set aside
September 27, 2023 by Jason ContantOntario’s Licence Appeal Tribunal (LAT) erred in law when ruling it had to rely solely on the Statutory Accident Benefits Schedule (SABS) and had no jurisdiction to award equitable remedies under the Insurance Act, a provincial court has found. In…
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…
Claimant can’t resume auto AB payments after 13 months on the job
January 30, 2023 by David GambrillA New Brunswick woman injured in an auto accident is not entitled to resume her accident benefits payments 13 months after returning to work, the province’s top court has ruled. New Brunswick’s Court of Appeal sided with her auto insurer,…
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).…
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…
Why Intact didn’t have to pay $10K for a claimant’s proposed medical report
May 17, 2021 by David GambrillOntario’s Licence Appeal Tribunal (LAT) has ruled that Intact Insurance is not obligated to fund a claimant’s $10,200 multidisciplinary report, the purpose of which was to dispute Intact’s decision to cease income replacement benefits after a 104-week period of entitlement.…
New hearing ordered after court finds tribunal erred in law on accident benefits
August 12, 2019 by Jason ContantA vehicle accident victim is getting a new hearing after Saskatchewan’s appeal court found a tribunal erred in law by disregarding evidence related to the claimant’s accident-related inability to work. The Court of Appeal for Saskatchewan unanimously ruled the July…
Auto, cargo theft funding terrorist activity: Insurance Analytics Canada Summit speaker
July 4, 2017 Greg Meckbach, Associate EditorThe proceeds of cargo theft and auto theft are in some cases funding terrorist activity, while accident benefits fraud in Ontario continues to be a problem, an Insurance Bureau of Canada speaker suggested to attendees at the Insurance Analytics Canada…
How legalizing pot will affect your insurance policies
June 5, 2017 Jason Contant, Online EditorThe impending legalization of marijuana in Canada raises a number of legal issues related to property insurance policies, Michael Teitelbaum, a partner with Hughes Amys LLP, said last week at ARC Group Canada’s 2017 annual seminar and cocktail event. In…