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MT Insurance Law Blog
The Not so Reasonable Cost of Medical Documents
April 10, 2018
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One of the biggest pet peeves I have working in this industry is receiving, in my opinion, ludicrous requests from practitioners relating to the cost of obtaining medical records in their custody. For example, just the other day I received a...
Other Automobile Insurance Policies May Respond Before Umbrella Policies
March 20, 2018
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The Ontario Court of Appeal has recently determined the priority of insurance policies when insurers structure their policies to include low limits on a primary policy and larger limits on an umbrella liability policy. In Benson v. Walt,[1] Paul Robert...
Lack of Consent = No SEF No. 44 Coverage
March 8, 2018
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In the recent case of Cardinal v. Alberta Motor Association Insurance Company, 2018 ABCA 69 (CanLII), the Alberta Court of Appeal overruled the lower court, determining that an injured passenger was not covered under an SEF No. 44 Family Protection...
Threshold Motion Dismissed in “Thin Skull” Case
February 1, 2018
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The plaintiff, aged 54, was involved in a motor vehicle accident as a passenger. The vehicle was rear-ended and the collision was of moderate impact. The plaintiff’s back and neck pain evolved into chronic pain. The plaintiff had a pre-accident...
New Developments in Adverse Cost Insurance
January 26, 2018
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Many insurers and defence counsel are now aware of the growing use of adverse cost insurance, also known as “after-the-event” insurance (“ATE insurance”), in personal injury litigation. This insurance is typically a policy purchased by a plaintiff in a lawsuit...
Ontario Acts on Marshall Report with New Changes to Auto Insurance
January 19, 2018
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The Ontario government announced its latest round of changes to automobile insurance, called the Fair Auto Insurance Plan. This follows on the heels of the report by David Marshall, Ontario’s advisor on auto insurance, who released a report in April...
Active/Passive Income not an IRB Consideration
January 16, 2018
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In the recent LAT decision of A.S. and Economical Insurance (16-003197/AABS), Adjudicator Robert Watt held that an insurer is entitled to deduct post-accident income from a claimant’s business in determining an Income Replacement Benefit amount under the Statutory Accident Benefits...
The LAT CAT’s First Life
January 12, 2018
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The LAT CAT is now out of the bag with the recent release of one of the Licence Appeal Tribunal’s most comprehensive CAT decisions in A.R. v. Allstate (Tribunal File No. 16-003415, January 5, 2018). The 31 page decision was...
2017: A Year in Review and a Look Ahead
January 2, 2018
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As 2017 comes to a close, it is a good time to take a look back at changes and developments in the law that will affect how adjusters handle claims going forward. In one of the year’s most anticipated decision,...
Will Ontarians be Permitted to Traffic in Life Policies
Bill 162, Insurance Amendment Act (Life Settlements), 2017
December 20, 2017
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Life settlements, also known as trafficking or trading in life insurance policies, involve the disposition by the insured of all rights under a life insurance policy to a third party in exchange for a cash payment. This payment is frequently...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.
