IE Consent Forms: Not So Simple As “Sure, Where Do I Sign?”

presented at the Canadian Defence Lawyers Annual Accident Benefits Symposium | April 25, 2013

Posted April 25, 2013
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Clashes arising over the use of Consent Forms in insurer examinations (“IEs”) are an increasing phenomenon. Often, neither the insurer nor the insured receives any prior warning from an IE examiner and/or assessment centre that a signed Consent Form will be required at the IE in order for it to proceed. A common scenario occurs when an insured attends an IE willing to participate but refuses to sign the Consent Form that she has not had an opportunity to review with her counsel. The examiner then refuses to conduct the IE and the timely adjustment of benefits is stalled.

This paper will address three questions:

1. Is an insured required to sign a Consent Form?

2. What in the Consent Forms is causing all of the fuss?

3. What are the consequences of failing to resolve the Consent Form dispute in advance of the IE?

View full paper: IE CONSENT FORMS: NOT SO SIMPLE AS “SURE, WHERE DO I SIGN?”

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