Insurers’ mere boilerplate reasons for denying treatment will no longer suffice in light of this Licence Appeal Tribunal (“LAT”) decision, which was upheld on appeal.
Case Summaries Category Archives
Benson v. Belair Insurance Company Inc., 2019 ONCA 840
Both Benson and Perneroski applied for accident benefits. Both insurers denied coverage on the basis that the vehicles were not “automobiles”.
The Estate of Carlo DeMarco et al. v. Dr. Martin et al., [2019] ONSC 2788
The use of average wait-times as a defence to causation in a case involving a GP’s failure to refer.
McKay et al v. Park et al, 2019 ONCA 659
Court of Appeal finds no vicarious liability on driver and owner of vehicle when front seat passenger seizes the steering wheel and causes a collision.
T. K. vs. Allstate Insurance, 2019 ONLAT 18-007113/AABS
The Licence Appeal Tribunal (“the LAT”) has determined that it does not have the power nor jurisdiction to award interim benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (the ”Schedule”).
Tomec v. Economical Mutual Insurance Company, 2019 ONCA 882
In Tomec v. Economical Mutual Insurance Company, a decision of the Ontario Court of Appeal, the issue was whether or not discoverability applies to the two year limitation period under s. 281.1(1) of the Insurance Act and s. 51(1) of the Statutory Accident Benefits Schedule (SABS).