Author Archives: Admin2

Ontario Ministry of Finance Has Provided Notice On Intent To Change The Interest Rate On Disputed SABS Claims

by Admin2

The Ministry of Finance is proposing to amend the SABS (O. Reg. 34/10) so that when there is a dispute in respect of an insured person’s entitlement to, or amount of statutory accident benefits, interest on overdue SABS payments is calculated at the prejudgment interest rate described in the Courts of Justice Act that is used for past pecuniary loss, and is payable from the date on which a mediation proceeding is commenced and ends on the date a settlement is reached or a decision is issued that finally disposes of the dispute.

The Ontario government’s Regulatory Registry is inviting stakeholders and interested parties to provide comments on these proposed regulations (that have yet to be made public). The deadline for comments is November 6, 2014.  http://williehandler.blogspot.ca/

To have your say: http://www.ontariocanada.com/registry/view.do?postingId=15542&language=en

Canada: WSIB Limits On Mental Stress Claims Found Unconstitutional

by Admin2
In a decision released April 29, 2014, the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) declared certain provisions of the Ontario Workplace Safety and Insurance Act (“WSIA”) unconstitutional.

The decision (indexed as December No. 2157/09) involved a nurse who was diagnosed with a psychological adjustment disorder which was attributed to workplace stressors. The claimant experienced ongoing harassment from a doctor over a 12 year period. The harassment included yelling and demeaning her in front of colleagues. The worker was effectively demoted when her workplace responsibilities were reduced after she raised her concern regarding the mistreatment with her team leader. The nurse was unable to continue working.

How to protect yourself from staged collisions

by Admin2
Getting into a car accident is always a bad experience, but some accidents can be even worse. The other driver might claim you were at fault when you know you didn’t do anything wrong, or his passengers could start complaining about injuries even though the collision was minor.

Price alone is not driving factors for some consumers: insurer CEOs

by Admin2
Having a clear understanding of how consumers want to be serviced will prove important for brokers and insurers alike in the future, Greg Somerville, president and chief executive officer of Aviva Canada, suggested during the CEO Panel at the Insurance Brokers Association of Ontario’s Annual Convention in Ottawa last week.

Successful Motion Confirms Defendant’s Right to Prepare Insurer Examiners for Trial

by Admin2

In the context of insurer examinations under the Statutory Accident Benefits Schedule (“Schedule”), the Superior Court has found that for the purpose of trial preparation, a Plaintiff’s consent is not required for Defendant’s counsel to meet with the examiners.

http://millerthomson.com/en/blog/ontario-insurance-litigation-blog/2014-archives/successful-motion-confirms-defendants-right

Usage-based insurance take-up in Quebec not a real success to date

by Admin2

“Just do the math,” Parent said during the Insurance Brokers Association of Ontario’s 94thAnnual Convention in Ottawa. Pointing out that the average car insurance in Quebec is about $522 – well below the approximately $1,500 in Ontario – telematics is “not a real success right now” in Quebec.

http://www.canadianunderwriter.ca/news/usage-based-insurance-take-up-in-quebec-not-a-real-success-to-date/1003315893/508s0pqv8wrps0w24W6x08yM2vx/?ref=enews_CU&utm_source=CU&utm_medium=email&utm_campaign=CU-EN10272014

Canada: “Other Material Evidence” Of Involvement Of Unidentified Vehicle: For Ontario Court, Evidence Of Otherness Is Less Material

by Admin2

The recent Ontario Superior Court decision of Azzopardi v. John Doe and The Personal Insurance Company [“Azzopardi“] appears to lower the threshold for the types of corroborative evidence that Ontario courts will accept when considering a party’s entitlement to underinsured coverage in accidents involving unidentified vehicles.

http://www.mondaq.com/canada/x/349376/trials+appeals+compensation/Other+Material+Evidence+Of+Involvement+Of+Unidentified

Auto Insurance Costs Not A Choice for Northerners: Sarah Campbell

by Admin2

Campbell concluded, “The bottom line is that there are other ways to bring down auto insurance premiums by 15% across this province, and there are other places to squeeze. But paying for the reductions out of the pockets of accident victims is disgusting and it’s wrong.”

– See more at: http://www.netnewsledger.com/2014/10/24/auto-insurance-costs-not-a-choice-for-northerners-sarah-campbell/#sthash.FnM9MZ6w.dpuf

To see what was said by our MPPs about auto accident insurance and Bill 15:

 

October 23, 2014 html pdf html pdf
October 22, 2014 html pdf html pdf
October 21, 2014 html pdf html pdf

Evolving with Customers

by Admin2

Other IBAO activities include advocating on behalf of brokers to the government and regulators – on issues such as auto insurance fraud – and finding “consumer-friendly solutions that address the impact of severe weather,” says Brattman.

On the issue of auto fraud, Brattman says the ruling Liberals have introduced Bill 15, the Fighting Fraud and Reducing Automobile Insurance Rates Act, which IBAO has praised as a “good step” towards reductions in auto insurance premiums.

“We had some great success getting attention on the anti-fraud measures that were recommended two years ago,” Brattman says of advocacy efforts by IBAO.

Ontario’s Rate Reduction Strategy Likely To Fall Short

by Admin2
The accumulative rate reductions approved by FSCO during this period have been under 6%. With just 10 months remaining, the government is considerably short of its target with no real strategy to bring down rates another 9-10%.