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.
personal injury Tag Archives
What is a litigation guardian? Who needs one? Should I be one?
Unfortunately, serious injuries can happen to anyone, including individuals who would legally be considered to be “parties under a disability”. A “party under a disability” is a person who does not have the legal capacity to instruct legal counsel.
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”.
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).
