Author Archives: Admin2

Proposed amendments to Insurance Act regulations

by Admin2

Amendments to Insurance Act regulations are proposed to provide for the transition of a transformed Ontario Automobile Insurance Dispute Resolution System (AIDRS) from the Financial Services Commission of Ontario (FSCO) to the Ministry of the Attorney General’s Licence Appeal Tribunal (LAT), and the wind down of disputes filed at FSCO.

Statutory Accident Benefits Schedule (SABS) provisions that apply to the dispute resolution process at FSCO will continue to apply, as they read on March 31, 2016, to all applications that were received by FSCO before the transition date but are not finally determined before that date. The SABS will also be amended, where necessary, to apply to applications filed at the LAT on or after April 1, 2016.

Comments Due Date:
January 23, 2016
Contact Address:
Senior Manager
Insurance Policy Unit
Financial Institutions Policy Branch
Ministry of Finance
95 Grosvenor Street
Frost Building North, 4th Floor
Toronto, ON
M7A 1Z1

http://www.ontariocanada.com/registry/view.do?postingId=20442&language=en

Law unfair to car crash victims- Lawyer argues Ontario’s Bill 15 is unconstitutional

by Admin2

But tucked away in Bill 15 is an odd provision that discriminates against those injured in auto accidents.

Bill 15 removes the right to have no-fault benefits disputes with insurers dealt with by the courts.

Why injured people should lose their right to have such disputes resolved by judges is puzzling. http://www.torontosun.com/2015/12/05/law-unfair-to-car-crash-victims

Arbitrator orders rare special award against insurer

by Admin2

“It’s a signal to insurance companies that when they’re going to deny benefits to a person or they’re going to deny that somebody has a catastrophic impairment, they better make sure that they have followed the legislation and their assessments have been done properly,” says Leonard Kunka of Thomson Rogers, counsel for Thomas Waldock who was seriously injured in March of 2008. “To rely on a defective assessment to the detriment of their insured is really a breach of their obligation of good faith to their client.”

http://www.lawtimesnews.com/201511305093/headline-news/arbitrator-orders-rare-special-award-against-insurer

Waldock and State Farm Preliminary issue FSCO 4315

Waldock and State Farm FSCO 4689

 

Expert Who “Did Not Meet With, Examine Or Interview” Plaintiff Given Zero Weight

by Admin2

In the latest case  (Preston v. Kontzamanis) of courts having critical comments for medico-legal practices, reasons for judgement were released today by the BC Supreme Court, Quesnel Registry, rejecting the opinion of a defence retained doctor who “did not meet with, examine or interview” the Plaintiff but nonetheless authored a report opining on the Plaintiff’s injuries.

http://bc-injury-law.com/blog/expert-meet-examine-interview-plaintiff-weight

Automobile Insurance Dispute Resolution System Transformation Project Update – November 26, 2015

by Admin2

Safety, Licensing Appeals and Standards Tribunals Ontario (SLASTO) is providing regular updates about the transformation of the Auto Insurance Dispute Resolution System (AIDRS) and its transition from the Financial Services Commission of Ontario (FSCO) to the Licence Appeal Tribunal (LAT).

The new system at LAT will begin accepting applications on April 1, 2016. The LAT AIDRS will be streamlined to a single direct review and hearing process in front of an independent adjudicative tribunal.

http://www.slasto.gov.on.ca/en/Documents/What%20New-EN/AIDRS%20Project%20Update%20%20-%20Draft%20-%20EN.htm

Ontario’s Shame and Scandal – how the injured and disabled are punished by government policy

by Admin2

Victim’s group calls for the Auditor General and the Ontario Ombudsman to investigate what is happening to Ontario’s injured and disabled citizens

TORONTO, November 17, 2015 PRESS RELEASE – Ontario auto insurers are poised to make higher profits on the backs of Ontario’s disabled and injured MVA victims in 2016 while continuing to build up the provincial deficit by downloading the expense of victims to the taxpayers. Recently passed legislation means that coverage for the most injured MVA victims will be cut in half.

In October Ontario’s over 9 million drivers learned through the Lazar Prisman Report that they had been overcharged for auto insurance and likely overpaid by $1.5 billion in the last two years alone.

In recent weeks we learned just how challenging recovery is and how poorly the WSIB injured workers are treated in the Prescription Over-Ruled: Report on How Ontario’s Workplace Safety and Insurance Board Systematically Ignores the Advice of Medical Professionals.  Press release Nov 2016 Ontario’s Shame and Scandal – how the injured and disabled are punished by government policy

Licensed Appeal Tribunal reply to FAIR

by Admin2

“We consciously did not choose advocates for one point of view or another.”

2015.10.16 – SLASTO Reply Letter – FAIR

OTLA: Updated study shows Ontario auto insurance is “fundamentally broken”

by Admin2

TORONTO, Oct. 15, 2015 /CNW/ – An updated study released today provides alarming new data on auto insurance in Ontario.

The study, conducted by York University Schulich School of Business Professors Fred Lazar and Eli Prisman, reveals that consumers likely overpaid by $1.5 billion in the last two years alone. This includes overpayments of $700 million (or about $100 for each insurance policy) in 2014 on top of the $840 million ($120 per policy) in 2013.

http://news.morningstar.com/all/canada-news-wire/20151015C7206/otla-updated-study-shows-ontario-auto-insurance-is-fundamentally-broken.aspx

Read: Lazar Report October 2015

Moustapha and State Farm 2015-09-28, Arbitration, Preliminary Issue, FSCO 4640

by Admin2

Having said that, in my opinion, there are many times in an investigation where an investigator already has jumped to conclusions and only views evidence, circumstantial or otherwise, through a pre-determined conclusion.  In this case, I feel State Farm already had determined that they were dealing with a fraudulent claim, albeit 21 months after the accident and 19 months after the evidence (the 1999 Dodge Caravan) was scrapped.  I believe, from that point moving forward, State Farm was looking at evidence to add to their fraud investigation instead of looking at evidence through an unfiltered lens.

Moustapha and State Farm

Orillia woman involved in serious collision slams province’s planned changes to insurance industry

by Admin2

An Orillia woman who was in a car crash seven years ago that left her in a coma worries changes to the auto-insurance industry will have devastating effects.

Tammy Kirkwood said the province’s plan to reduce auto-insurance benefits that was passed as part of the budget earlier this year will severely hurt crash victims requiring extensive care.

“These benefits should not be called benefits; they are resources and necessary to regain your whole person and get on track,” she said.

“We are mandated to purchase auto insurance to drive a car, yet there is nothing in place to mandate the insurers to uphold the policy we have to purchase.”

http://www.orilliapacket.com/2015/10/02/orillia-woman-involved-in-serious-collision-slams-provinces-planned-changes-to-insurance-industry