December 23, 2014

Nicolle v. State Farm Mutual Automobile Insurance Company, FSCO A13-003207, Arbitrator Harvey Savage, November 27, 2014. MVC February 10, 2009. A dispute arose concerning the reasonableness and necessity of a treatment plan dated June 29, 2011. State Farm denied the treatment plan on August 2, 2011. They ultimately paid the amount of the treatment plan, […]

December 16, 2014

Zaya v State Farm Mutual Automobile Insurance Company, FSCO A12-005753, Adjudicator Deborah Pressman MVC October 7, 2010. The Applicant was injured in a motor vehicle collision one month after the September 2010 amendments but under a policy taken out before the amendments. Both parties agreed that Ms. Zaya’s automobile policy qualified as a “transitional policy” […]

December 9, 2014

The rules of auto insurance in Ontario are changing. On November 20, 2014, Bill 15, Fighting Fraud and Reducing Automobile Insurance Rates, 2014 (the “Bill”) received Royal Assent. The stated intention of the Bill is to reduce costs, fight fraud and protect consumers; however, intention and effect are often two different things. Amendments The Bill […]

December 1, 2014

Josey v. Primmum Insurance Co. (2014) FSCO 4213  Arbitrator Alec Fadel MVC: Dec, 2011. The parties agreed that Josey required attendant care as a result of injuries sustained in the crash. He received attendant care services from his spouse. The undisputed value of the care provided was $15,795. The claim was denied on the basis […]

November 24, 2014

For the week of November 24 to November 28, 2014 Nguyen v Federation Insurance Company of Canada, Appeal P13-00029, Adjudicator David Evans Mrs. Nguyen, a self-represented claimant, appealed the Order of Arbitrator Lloyd Richards, dated August 28, 2013 in which he found that Mrs. Nguyen was not entitled to either caregiver benefits or non-earner benefits. […]

November 17, 2014

Shokat and Axa Insurance (Canada), FSCO A12-001462, Arbitrator Isoken Osunde, October 3, 2014. MVC April 23, 2010. The insured, Shokat, claimed various benefits including housekeeping and home maintenance benefits at the rate of $100.00 per week from April 24, 2010 to April 22, 2012. The Arbitrator set out the test for entitlement to housekeeping benefits […]

November 10, 2014

Kasman v. Security National Co., 2014 FSCO 4285, Arbitrator Jeffrey Rogers MVC July 15, 2010: The Claimant, Kasman, was injured when the arm that regulates an underground parking garage struck him in the head. He was on his way to the garage to retrieve his parked car and he followed a car which triggered the […]

November 3, 2014

Cook v. RBC (FSCO A13-015449) John Cook was injured in a motor vehicle accident on March 4, 2011. Mr. Cook applied for various benefits under the Statutory Accident Benefits Schedule, and just prior to two years post-accident, submitted an OCF-18 treatment plan for a catastrophic impairment determination evaluation. His insurer denied his application on the […]

October 21, 2014

Joseph Beattie v Unifund Assurance Company, FSCO Decision A13-005289, September 30, 2014, Arbitrator H. Michael Kelly, Q.C. Accident July 8, 2010. Mr. Kelly was injured while operating a “Genie Boom Crane” in a private parking lot of a commercial building. The Genie is a four wheeled mobile crane propelled by its own motor. The Genie […]

October 13, 2014

Anane et al v Intact Insurance Company, FSCO A12-002965 and A12-003402, Arbitrator Henry M. Knox Mr. Anane and Ms. Yeboah claimed to be involved in a motor vehicle collision on or around March 26, 2010. Each applied for Accident Benefits from Intact Insurance Company. The issue at Arbitration was whether or not Mr. Anane and […]

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