Defendant insurer brings summary judgment motion on UMC coverage for car taken without consent. Owner of car’s husband injured as a passenger in the stolen car. Justice Newton finds person who took vehicle without consent is an “inadequately insured motorist” under OPCF 44. Defendant’s motion dismissed.
accident Tag Archives
From FSCO to the LAT: Procedural Changes to Accident Benefits Disputes
The 2015 Ontario budget announced on April 23, 2015 brings sweeping changes to the auto insurance accident benefits system. Catastrophic and non-Catastrophic funding limits were slashed, and drastic revisions to the definition of “catastrophic impairment” were proposed. There will be a huge procedural change as well; disputes under the Statutory Accident Benefits Schedule (“SABS”) will no longer be subject to the jurisdiction of the Financial Services …
Ontario government deals another blow to injured Ontario motorists with the Common Traffic Impairment Guideline
The Ontario government continues to allow insurance companies to erode coverage for Ontario motor vehicle accident victims. The draft Common Traffic Impairment (CTI) Guideline proposes to reduce available treatment to below critical levels. OTLA has submitted a Response to the Draft CTI Guideline and the CTI Guideline Appendix. Prior to September 2010, car crash victims had up to $100,000.00 in available coverage for rehabilitation. To …
Unidentified, Uninsured And Underinsured Motorists: Who Pays For My Injuries?
In Ontario, driving with automobile insurance is mandatory. As a result, those injured in a motor vehicle accident have the peace of mind of knowing that after an accident they can claim compensation against the at-fault party, which is usually responded to by that party’s insurance company. However, this begs several questions. What happens if the other party is uninsured? What if the other party …
Hurt in a car? Thanks to the Ontario government, expect to lose tens of thousands from your lawsuit.
For years, accident victims have had their general damages claims automatically reduced by a deductible. How does this deductible work and what does it mean? Let’s consider two scenarios: Imagine for example that you slip and fall on a sidewalk, you break your arm and you decide to sue for pain and suffering damages. Imagine further that your pain and suffering damages are assessed as …
Lica v. Dhaliwal, 2015 ONSC 3888 (CanLII)
Released July 29, 2015 | CanLII The Plaintiff commenced an action against the Defendants after sustaining injuries in a motor vehicle accident. State Farm Mutual Insurance Company (“State Farm”) denied coverage to the Defendants and had itself added as a statutory third party in the action, but refused to provide detailed information as to why it denied coverage. The Plaintiff sought an order requiring State …
