Stacey Stevens Posts
Has your insurance broker taken the time to properly explain the Statutory Accident Benefits Schedule Optional Benefits to you and your family members when you renew your car insurance policy?
As a result of the recent Ontario Superior Court of Justice decision in Zefferino v. Meloche Monnex Insurance you may find your broker spending a little extra time going through these benefits with you when your policy comes up for renewal.
On May 27, 2005, Ms. Zefferino...
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Kingsway General Insurance has been ordered to pay Julian Hotchkiss a non-earner benefit of $185 per week and an attendant care benefit of $5,910.80 per month plus legal fees following Kingsway’s request for an adjournment the Arbitration Hearing so it could appoint new counsel.
In this instance, Kingsway hired Counsel to defend an Arbitration proceeding commenced by Mr. Hotchkiss from the same firm that represented him in a concurrent tort action creating a clear conflict of...
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Pocket Bike Rider Injured in a Collision on Private Property Entitled to Claim Statutory Accident Benefits From Her Automobile Insurer.
On January 13, 2008, Cassandra Bouchard sustained serious injuries when she was riding a pocket bike. The pocket bike was owned by Kristin Stratton and was being ridden on his property. The pocket bike was not insured. Ms. Bouchard applied for accident benefits through her own automobile insurer, Motors Insurance.
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The criteria required to meet the statutory definition of catastrophic impairment remains unsettled. The Court of Appeal is set to hear the appeals in Pastore v. Aviva and in Kusnierz v. The Economical Mutual (rejecting the combination of physical and psychological impairments to achieve 55% WPI) later this year.
On October 23, 2011, FSCO released its first decision with respect to meeting the statutory definition of catastrophic impairment under then section...
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The Financial Services Commission of Ontario and the Ontario Superior Court of Justice has recently released a number of decisions which has defined the terms "automobile" and "use" as required by section 3(1) of the Statutory Accident Benefits Schedule; the defining Regulation for a person’s entitlement to accident benefits after being injured in a car accident.
The recent approach illustrates the defining boundaries of this section can be flexible in...
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