Insurer Must Pay Stripper Pole Benefits
Yesterday the Ontario Divisional Court unanimously upheld FSCO’s decisions in Whipple v. Economical (affectionately known as the “stripper pole” case). In Whipple, the claimant and his golf buddies were returning via Interstate 90 from a day of golfing in New...
Ontario Court of Appeal Rules Husband Found Not Criminally Responsible for Wife’s Death Entitled to Life Insurance Proceeds
A husband and wife separated in 1992. In 1998 the husband took out a life insurance policy on his wife. In 2006 he killed his wife. He was charged with second degree murder. At trial was found not criminally responsible....
FSCO’s Settlement Disclosure Notice Overruled by FSCO
FSCO Arbitrator Suesan Alves has ruled that the (FSCO) prescribed Settlement Disclosure Notice might be inadequate to effect settlement. In Parveen v. Aviva, a preliminary issue was whether Ms. Parveen had rescinded her accident benefits settlement and was entitled to move to arbitration....
ONCA Sets Limitation Period for Loss Transfer Claims
The Court of Appeal for Ontario has clarified the limitation period law for loss transfer arbitrations. The issue before the Court was whether the limitation period to initiate arbitration starts the day after the first party insurer sends a loss...
FSCO Fails to Force Facilities to Face Forbearance for Fraud
A FSCO arbitrator has denied an insurer’s request to stay 15 arbitration proceedings while it pursues fraud claims against notorious clinics at the Superior Court. There are 15 unrelated arbitration matters with a common denominator: the involvement of Assessment Direct...
Limitation Periods and Bad Faith Claims For Failure to Settle
On March 22, 2012 the Ontario Court of Appeal released its reasons in Dundas v. Zurich Canada 2012 ONCA 181 in which the Court discusses the limitation period for bad faith actions against insurer, where right of action is assigned...
Revenge of the HTA Trial
Insurers (and plaintiffs) should take note of a recent Superior Court decision arising from an unusual tort trial. The defendant Randi Rumney rear-ended the plaintiff (Sabrina Reece) while she was riding her motorcycle. Prior to the collision, the plaintiff was...
FSCO: CPP Child Benefit Can’t Shrink IRB
FSCO Arbitrator Judith Killoran has ruled that child’s benefit payments under the Canada Pension Plan are not deductible from income replacement benefits. In Blakely v. State Farm, the parties agreed that a CPP disability pension benefit ws deducted from the...
I Like this: The Ongoing Tale of Disclosure & Production
KW Ontario Insurance Adjusters’ Association publication
When is an Application for Benefits Complete?
The Ontario Court of Appeal has released a new decision discussing the meaning of “completed application” for the purpose of triggering the 90-day notice period in section 3 of O. Reg. 283/95. In Ontario (Finance) v. Pilot Insurance, the Fund...
