ACCIDENT BENEFITS
DATE
|
PRACTICE AREA
|
| November 9, 2010 |
Accident Benefits |
State Farm Mutual Automobile Insurance Company v. Subashini Yogesvaran: Insured’s must prove substantive entitlement despite Insurers non-compliance with the SABS
The appeal decision in Yogesvaran and State Farm was recently released. This was the decision where arbitrator Miller awarded IRBs and Housekeeping/Home Maintenance solely because the insurer failed to request a new disability certificate before having the insured attend an IE.
DATE
|
PRACTICE AREA
|
| November 2, 2010 |
Accident Benefits |
AB Insurers Beware: Adjusting decisions will be closely scrutinized
In Everliston Cowans and Motors Insurance Corporation (October 15, 2010), the parties settled all outstanding claims except for entitlement to a special award. A stand alone special award claim then proceeded before arbitrator Wilson.
DATE
|
PRACTICE AREA
|
| January 21, 2009 |
Accident Benefits |
Award of Arbitrator Brown
This arbitration arose out of a motor vehicle accident that occurred on July 18, 2006. Elaine Crow sustained injuries when struck by an automobile while riding her bicycle. The automobile was insured by the applicant, ING Insurance Company of Canada.
DATE
|
PRACTICE AREA
|
| December 18, 2008 |
Accident Benefits |
Decision on a Preliminary Issue
The Applicant Therese West, was injured in a motor vehicle accident on April 4, 2002. She applied for and received statutory accident benefits from Aviva Canada Inc. (“Aviva”), payable under the Schedule.
DATE
|
PRACTICE AREA
|
| September 12, 2008 |
Accident Benefits |
Decision on a Motion
The Applicant moves for an order excluding the expert reports Aviva Canada Inc. (“Aviva”) obtained from Brigham Associates Inc. from the arbitration hearing and, in the alternative, an order requiring Aviva to fund replies to these reports.