Though their basic schedules are simple in concept and structure, at a contractual level, LTD benefits are complex and varied. Throw volatile insurer financial experience for different risk classes into the mix and it becomes clear that conducting at least rudimentary insurer due diligence is de rigueur for counsel taking on LTD cases. Rehab First shares its insights.
Author Archives: Admin4
Canada: Failure To Take Assignment From Insured Could Bar Broker’s Claim
A recent Ontario case illustrates the complex nature of insurance law. It also demonstrates what can happen when a party to a coverage claim fails to have the proper advice on coverage issues. In this case, an automobile insurer denied a coverage claim because the broker listed the wrong vehicle on the application for insurance. The broker indemnified the insured, and then sought indemnity from the insurer.
Litigation and settlement counsel a perfect pairing
Rose, a partner with Stancer Gossin Rose LLP, is one of a growing band of settlement counsel: lawyers devoted exclusively to resolving their clients’ disputes through negotiation. The lawyers, also sometimes known as dispute resolution counsel, largely stay out of the traditional litigation process, but often work in tandem with litigation counsel handling that side of the file, if necessary.
http://www.advocatedaily.com/m
Video Surveillance Helps Deflate Personal Injury Claim
In today’s case (Ma v. Haniak) the Plaintiff was involved in three collisions and sued for damages. Fault was admitted by the Defendant motorists. The Plaintiff was self-represented and sought approximately $1.4 million in damages. The Court largely rejected the Plaintiff’s claims and awarded a small fraction of her sought damages.
“In Ontario, we think the system has clearly been broken.”
The average auto insurance claim in Ontario may be nearly $12,000 but the Insurance Bureau of Canada’s senior vice-president of strategic initiatives, David McGown, had encouraging news at Swiss Re’s Canadian Insurance Outlook breakfast.
Accident benefits decisions under Ontario’s Licence Appeal Tribunal
The Province of Ontario’s 2015 budget announcement included several items of critical concern to Ontario car accident lawyers, accident victims, and victims’ rights advocates. Chief among those were modifications to the definition of “catastrophic impairment,” and severe proposed cuts to benefits for catastrophically and non-catastrophically injured accident victims.
http://www.lexology.com/librar
Contradictory Evidence and Failure To Prove Case Results in Denial of NEBs
M.N.K.A. was injured in car accident on August 7, 2014 and sought benefits pursuant to the SABs. M.N.K.A applied for dispute resolution services to the LAT, but the parties were unable to resolve the issues in dispute.
Insured Denied Medical Marijuana and IRBs Due to Lack of Documentation
M.J. was injured in a car accident on January 28, 2015. He applied to Pembridge for IRBs and medical benefits pursuant to the Schedule, however, Pembridge denied of the benefits he sought and he has now applied to the LAT.
The Sufficiency of Reasons (Or Not)
A recent FSCO appeal decision from Director’s Delegate Rogers in State Farm and Asamoah (Appeal P16-00067, March 21, 2017) sheds some light on the requirement of adjudicators to provide sufficient reasons when determining entitlement and quantum of benefits under the Statutory Accident Benefits Schedule.
Access to justice becoming a privilege of the rich, judge warns
Chief Justice Beverley McLachlin of the Supreme Court of Canada said on Tuesday that the middle class cannot hope to pay legal fees that average $338 per hour, leaving them little option but to represent themselves in court or go away empty-handed.