December 2, 2012

ACCIDENT BENEFITS UPDATE For the week of December 3 to December 7, 2012  Time Limits in SABS – It May Not Be Too Late   Morelli v State Farm Mutual Automobile Insurance Co., FSCO 3899; November 12, 2012- Arbitrator Lloyd (J.R.) Richards The Applicant, Ms. Morelli, was injured in a motor vehicle collision on January 29, 1997. Following […]

November 26, 2012

ACCIDENT BENEFITS UPDATE For the week of November 26 to November 30, 2012  Court of Appeal rules that actions can start at end of 60 day period   Hurst v. Aviva Insurance Company, 2012 ONCA 837; Ontario Court of Appeal, November 29, 2012,Simmons, Juriansz and Epstein JJ.A. The Court of Appeal ruled today that the statutory scheme […]

ACCIDENT BENEFITS UPDATE For the week of November 26 to November 30, 2012  Isn’t one deductible bad enough?   Martin v. Fleming, 2012 ONCA 750; Ontario Court of Appeal, October 29, 2012, Sharp, Rouleau and Hoy JJ.A. This was an appeal from a Rule 21 motion judge’s ruling as to the interpretation of s.267.5(7) of the Insurance Act. […]

November 19, 2012

Accident Benefits Update For the week of November 19 – 23, 2012 Interest on Overdue Payments under OMPP to be Compounded!   Zacharias v. Zurich Insurance Company, 2012 ONSC 4209, July 16, 2012, Justice Stevenson. MVC December 18, 1990. The Insured claimed weekly income replacement benefits from the Insurer. After the Insurer terminated the Insured’s income […]

November 12, 2012

ACCIDENT BENEFITS UPDATE For the week of November 12 to 17, 2012  Application for Determination of Catastrophic Impairment will entitle insurer to s. 44 insurer examinations Rebecca Hardy v. Echelon General Insurance Company, FSCO A11-003701, October 3, 2012, Arbitrator Killoran MVC Date: May 3, 2009. Hearing to determine if Echelon’s request that Hardy attend s. 44 […]

November 5, 2012

Requesting an Insurer Examination: Time is of the Essence Baki v. Zurich Insurance Company Ltd., FSCO A11-000973, September 12, 2012, Arbitrator Jessica Kowalski MVC April 7, 2008. Zurich brought a motion to compel Baki to attend four post-104 insurer examinations (IE) and requested an adjournment of the Arbitration. An Application for Mediation claiming entitlement to […]

October 15, 2012

“Close-minded and Sloppy”: Insurer pays for failure to consider and evaluate evidence Singh v State Farm Mutual Automobile Insurance Company, FSCO A10-000889, September 13, 2012, Arbitrator Jessica Kowalski The Applicant, Neranjanee Singh (“Ms. Singh”) was injured in a motor vehicle collision on June 4, 2007. Shewas diagnosed with Whiplash Associated Disorder II (“WAD II”). State […]

September 30, 2012

When will it be considered an accident? Hersi v. ACE INA Insurance, FSCO A10-001461, August 12, 2012, Adjudicator Robert Bujold Issue: Whether Mr. Hersi was involved in an “accident” as defined under section 2(1) of the Old Regulation ? On December 26, 2008 Mr. Hersi was crossing at a pedestrian crosswalk while a Greyhound bus […]

September 27, 2012

Pastore v. Aviva Canada Inc., 2012 ONCA 642 November 16, 2002 MVC-Pedestrian. The insured sustained a fractured ankle, requiring multiple surgeries, and a right knee replacement when the ankle pain led to a change in her gait. Due to her limited mobility, she is no longer able to do housekeeping or participate in recreational activities and […]

August 27, 2012

Wawanesa Mutual Insurance Company v Webb, Appeal P11-00015, July 18, 2012, Director’s Delegate Lawrence Blackman. February 8, 2009. Due to a snow bank adjacent to the road, the insured was compelled to park her vehicle near a shovelled pedestrian access point. After exiting her vehicle and locking the door, the insured walked towards and then […]

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