Author Archives: Admin4

Limitation Period – Was there a Proper Refusal?

In order to assert the limitation period, the Insurer bears the onus of establishing that it has issued a clear and unequivocal refusal of benefits, which sets out the Applicant’s right to engage the dispute resolution process in a clear and straightforward manner.  In addition to the lack of denial, there was no accompanying letter setting out the process by which the Applicant could dispute the Insurer’s denial of benefits.  The documents sent by Allstate on October 30, 2002 did not provide a clear and unequivocal denial of non-earner benefits and did not comply with section 49 of the Schedule.  Any subsequent OCF-9s provided by the Insurer to the Applicant that are included in the Insurer’s Document Brief make no mention of non-earner benefits.

The Insurer has failed to meet the onus of establishing, on balance of probabilities, that it issued a clear and unequivocal refusal of non-earner benefits.  As such, I find that the limitation period regarding non-earner benefits never began to run.

https://www5.fsco.gov.on.ca/AD/4891

If State Farm did in fact review the documentation thoroughly they would have noted that the major factor relied upon by Mr. Khan in support of his claim is the worsening of his psychological condition that he believed arose from the accident.

The reviewer would have noted that the Schedule requires that the assessments take place in accordance with the AMA Guides which form the basis of any consideration of catastrophic impairment. He or she would also note that the primary assessor, Dr. Jeffries, in assessing the psychological impairment specifically rejected the approach taken by the Guides, and consequently accorded a rating of zero impairment to Mr. Khan.

https://www5.fsco.gov.on.ca/AD/4892

Beginning June 1, Ontario’s car accident survivors may be forced to make a lot of tough choices when it comes to their rehabilitation and quest for independence as newly disabled people.

https://ca.finance.yahoo.com/blogs/insight/cheaper-auto-insurance-means-less-coverage-for-200405978.html

A new system that came into effect April 1 will see accident benefits disputes head to the Licensing Appeals Tribunal (LAT) instead of the Financial Services Commission of Ontario (FSCO) — but as Toronto personal injury lawyer Darryl Singer tells Law Times, he already has a number of key concerns with the new process.

http://www.advocatedaily.com/darryl-singer-new-accident-benefit-dispute-regime-burdens-applicants-law-firms.html

The soon to be implemented Ontario auto insurance reforms have garnered criticism from some quarters, but there are those who say the change is good and will improve the industry. James Cameron, president of Cameron & Associates was speaking at an insurance event on Tuesday when he said the Ontario reforms will make transaction costs lower.

https://www.shopinsurancecanada.ca/blog/news/ontario-auto-insurance-changes-will-reduce-transaction-costs-says-industry-expert/

If things unfold as intended, Ontario’s auto insurance reforms should help reduce transaction costs that have long been an issue for the entire system, James Cameron, president of Cameron & Associates, suggested during an industry event Tuesday.

http://www.canadianunderwriter.ca/associations/ontario-auto-reforms-help-cut-transaction-costs-cameron-1004091135/

For the second time in three weeks, the Supreme Court of Canada announced it is not hearing an appeal – from a plaintiff suing an insurer for breach of contract – of a ruling significantly reducing punitive damages against a carrier found to have breached its duty of good faith.

http://www.canadianunderwriter.ca/insurance/nova-scotia-court-ruling-reducing-punitive-damage-award-88-insurers-breach-good-faith-insurer-stands-1004091197/

Personal Injury lawyers across North America widely advertise that they provide “free consultations“. It’s a widely accepted industry standard. I don’t know any reputable personal injury law firms who don’t provide a free consultation, or free consultations thereafter. You may be hard pressed to find another area of the law where face to face consultations are provided for free. A lawyer’s commodity is their time. Lawyers don’t have any dry goods to sell you like bagels, I-Phones or shoes. All lawyers have is their time, and the work product from that time which generally manifests in the form of thoughtful and meticulously prepared letters, pleadings and other documents which clients have requested or need for their respective cases.

http://www.torontoinjurylawyerblog.com/2016/05/prepare-free-consultation-personal-injury-lawyer-ontario.html?utm_source=twitterfeed&utm_medium=twitter&utm_campaign=Feed%3A+TorontoInjuryLawyerBlogCom+%28Toronto+Injury+Lawyer+Blog%29