IRB Tag Archives

K.Y. v. Aviva Insurance Company, 2022 ONLAT 19-001720/AABS

Following a 6-day video-conference hearing, Adjudicator Lake ruled that the Applicant was entitled to payment of income replacement benefits in the amount of $400.00 per week from July 17, 2019 to date and ongoing, plus interest in accordance with s. 51 of the SABS…

Foster v. Aviva Gen. Ins. Co., 2021 CanLII 117413 (ON LAT)

Section 33 of the Schedule: When is the Production Request “Reasonably Required”

The “duty of an applicant to provide information” section of the Schedule (Section 33(1)1) is a highly effective tool utilized by insurance companies to both adjust their claims and to challenge an insured. An insured runs the risk of a suspension of their benefits if they fail to properly respond in a timely manner to a reasonable request for document

K.K. vs. Aviva General Insurance, 2020 ONLAT 18-012611/AABS

In this case, the insurer was ordered to pay special award for unreasonably held or delayed payment of IRBs after ignoring severity of psychological impairments and reports of its own assessors…

Bustamante v. The Guarantee Company of North America, 2015 ONCA 530 (CanLII)

Released July 13, 2015 | CanLII This is an appeal by the Plaintiff from the judgment of Ramsay J., granting summary judgment and dismissing the Plaintiff’s claim for non-earner benefits (“NEBs”) as time-barred. At the time of the accident on June 3, 2004, the Plaintiff was a hairdresser. She elected income replacement benefits (“IRBs”), although her disability certificate indicated that she was entitled to both IRBs …