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Recently we have seen a trend towards intolerance by the Courts of insurers’ tactics. In the case of Persampieri v. Hobbs et al., an 84 year old plaintiff brought an action for injuries as a result of being rear-ended in a motor vehicle collision. The Defendant admitted liability but had explained that this claim was in the Insurer’s Defensible Program and that the only offer to settle would be $0.00. The decision of the Defendant to not engage in meaningful settlement negotiations forced the plaintiff to proceed to Trial by Jury.

https://www.hshlawyers.com/articles/courts-strike-back-insurer-tactics/

The Supreme Court of Canada will not hear an appeal from an Ontario auto insurer over a motorist who claimed accident benefits coverage after being scalded by hot coffee in a stationary car.

https://www.canadianunderwriter.ca/insurance/supreme-court-wont-hear-drive-coffee-spill-case-1004128816/

Both personal injury lawyers and insurance companies rely on the expertise of medical professionals in building their cases. For personal injury lawyers the focus is on accessing the benefits that their clients are entitled to after an accident to make certain they recover fully from their injuries, and to allow them to live a normal life. The focus of insurance companies is obviously different. Their focus is to pay out what they perceive to be the appropriate settlement under their policies.

https://www.deutschmannlaw.com/blog/post/doctors-and-ethics-in-the-personal-injury-world

Ontario’s quasi-judicial tribunals are not courts and should not be subject to the same principles of openness when it comes to their records, the province argued in a court filing Thursday.

https://www.thestar.com/news/canada/2018/03/15/ontario-says-tribunals-should-not-be-as-open-as-courts.html

Lara Hassani  was injured in a car accident on July 1, 2011.  She applied for and received statutory accident benefits from Guarantee however when the parties were unable to resolve their disputes through mediation, and Ms. Hassani applied for arbitration at the FSCO.

https://www.deutschmannlaw.com/blog/post/arbitrator-requires-insurer-to-pay-for-cat-assessment-out-of-fairness-hassani-and-guarantee

https://www.newswire.ca/news-releases/oma-brings-awareness-to-wait-times-crisis-in-new-campaign-677290843.html

What do you think about CFAs? 

Canadians are on the hook for over $2 billion each year thanks to auto insurance fraud. This discovery comes courtesy of a new Aviva investigation designed to determine the impact of auto repair fraud on insurance consumers highlights the urgent need to reform the auto insurance system.

http://www.canindia.com/ canadians-paying-more-than-2- billion-for-auto-insurance- fraud-aviva/