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  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

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Shining a Light on the insurance medical examination business

Distributed to MPPs on January 26th, the first MPP Advisor of 2017 explores efforts in bringing questionable insurance medical examination practices to light.

http://www.otla.com/docDownload/722832

The Big Lie

Insurance companies cannot openly target injured victims, so they attack the victims’ advocates. But make no mistake: their goal is to limit insurance coverage and make it harder for victims. If insurance companies really want to help victims as they imply, all they have to do is agree to pay reasonable claims.
The Ontario government and all stakeholders in the sector need to find real solutions to the real problems, not the issues that serve for-profit insurance company interests.

http://www.otla.com/docDownload/724931

Navigating the Motor Vehicle Accident Claims Fund in Ontario: A Last Resort

In this post, we explain the usual courses of action you would take to obtain benefits and damages if you were involved in a motor vehicle accident, and why the existence of the Motor Vehicle Accident Claims Fund (MVACF) ensures that when all else fails, you still have a place to turn to access assistance in your recovery, but it will take time to get there.

http://www.hshlawyers.com/blog/navigating-the-motor-vehicle-accident-claims-fund-in-ontario-a-last-resort/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

Injured Party Not Entitled to NEB and IRB benefits

Ms. Colleen Comegna was injured in a car accident on February 13, 2014. She applied for and received

statutory accident benefits from Aviva, but when the parties were unable to resolve their disputes through mediation  Ms. Colleen Comegna applied for arbitration at the FSCO.

https://www.deutschmannlaw.com/blog/post/injured-party-not-entitled-to-neb-and-irb-benefits

Is There a Relationship Between Health Provider Benefits Knowledge and Case Outcomes?

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.

http://www.rehabfirst.ca/uploads/LTDclaimdisputes.pdf

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.

http://www.mondaq.com/canada/x/584000/Insurance/Failure+To+Take+Assignment+From+Insured+Could+Bar+Brokers+Claim

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/mitchell-rose-litigation-and-settlement-counsel-a-perfect-pairing.html

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.

http://bc-injury-law.com/blog/video-surveillance-helps-deflate-personal-injury-claim?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+IcbcLaw+%28ICBC+Law%29

“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.

http://www.insurancebusinessmag.com/ca/news/breaking-news/in-ontario-we-think-the-system-has-clearly-been-broken–64615.aspx

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/library/detail.aspx?g=f75ee1cc-7053-419c-a9f1-0b7142996d4c