Top court cuts down “apples” approach to tort award reduction
July 11, 2019 by Greg MeckbachAdjusters and insurance defence lawyers who think the “apples-to-apples” approach to deducting future no-fault benefits from tort awards is rotten will likely find relief in a Supreme Court of Canada ruling released Thursday. Canada’s top court announced July 11 it…
Optional benefits priority ruling could create “administrative nightmare” for auto insurers
July 9, 2019 by David GambrillAn insurance defence lawyer is warning of a potential “administrative nightmare” for insurers in light of a recent Court of Appeal for Ontario decision on priority disputes involving optional benefits. Continental Casualty Company v. Chubb in Ontario is now becoming…
Supreme Court to consider insurer’s medical examiner defamation suit against lawyer
April 26, 2019 by Greg MeckbachA $15-million defamation lawsuit by a doctor who examines accident benefits claims on behalf of auto insurers is headed to the Supreme Court of Canada. The top court announced Thursday it will hear an appeal of Platnick v. Bent, released Aug.…
How this public insurer plans to save $1 billion a year
November 13, 2018 by Jason ContantChanges to accident benefits regulations will result in projected net savings of $1 billion annually, British Columbia’s Ministry of Attorney General said Friday. Changes to Insurance Corporation of British Columbia’s (ICBC) accident benefits will cost an estimated $200 million annually.…
Raise auto accident benefits: Ontario politician
October 31, 2018 by Greg MeckbachThe cuts to mandatory auto accident benefits made in 2010 and 2016 need a second look, says Ontario’s opposition auto insurance critic. “It’s something we need to re-examine,” Gurratan Singh, the New Democratic Party’s auto insurance critic, said Wednesday in…
Why this 1996 auto accident benefits claim has not been resolved
October 31, 2018 by Greg MeckbachAn accident benefits claimant who a designated assessment centre concluded 22 years ago was not disabled still has a chance to claim income replacement benefits, Ontario’s Divisional Court has ruled. Dharam Sidhu was involved in a traffic accident in 1996. He…
Ontario auto insurer’s examiner gets day in court
September 5, 2018 by Greg MeckbachLast week’s court ruling against a prominent personal injury lawyer could give Ontario auto insurers’ medical examiners recourse if those doctors feel their conduct has been publicly maligned. Dr. Howard Platnick is a Toronto physician who does medical examinations for…
How the old catastrophic impairment definition still affects Ontario auto insurers
August 8, 2018 by Greg MeckbachIt has been more than two years since Ontario changed the definition of catastrophic impairment, but Canada’s largest auto insurer is still dealing with claims that arose under the old cat definition. “Clearly, people are trying to get as much…
Should accident benefits for minor injuries be optional?
June 5, 2018 by Greg MeckbachShould greater choice in auto insurance for Ontario motorists include the ability of insureds to opt out of benefits for minor injuries? David Marshall, a special advisor to Finance Minister Charles Sousa, has questioned whether accident benefits should cover minor…
When a Canadian can collect accident benefits for fatal accident in Philippines
May 1, 2018 by David GambrillThe SEF 44 Family Protection Endorsement in Alberta’s standard auto policy provides accident benefits coverage for accidents that happen outside Canada, the Court of Queen’s Bench of Alberta ruled Monday. In Wage v. Canadian Direct Insurance, Leizle Wage was struck…
Trial lawyers doubt standard treatment plans will help auto insurers
December 15, 2017 Greg Meckbach, Associate EditorOntario’s call for standard treatment plans in auto accident benefits might well do the opposite of what was intended — increase claims disputes and provide no benefit to insurers, personal injury lawyers say. In his Fair Auto Insurance Plan, released…
Resisting auto accident cash settlements in Ontario could escalate disputes: Lawyer
December 12, 2017 by Greg MeckbachOntario auto insurance changes announced last week are “unlikely” to reduce disputes over accident benefits claims, an insurance defence lawyer predicts, but brokers and insurers agree the provincial government is moving in the right direction. Finance Minister Charles Sousa’s Dec.…