Queen’s Park is introducing debit cards for disabled people on welfare who don’t have bank accounts and are often forced to rely on cheque-cashing outlets to get their money, the Star has learned.
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Kehoe and Allstate 2016-05-02 FSCO 4891
Limitation Period – Was there a Proper Refusal?
In order to assert the limitation period, the Insurer bears the onus of establishing that it has issued a clear and unequivocal refusal of benefits, which sets out the Applicant’s right to engage the dispute resolution process in a clear and straightforward manner. In addition to the lack of denial, there was no accompanying letter setting out the process by which the Applicant could dispute the Insurer’s denial of benefits. The documents sent by Allstate on October 30, 2002 did not provide a clear and unequivocal denial of non-earner benefits and did not comply with section 49 of the Schedule. Any subsequent OCF-9s provided by the Insurer to the Applicant that are included in the Insurer’s Document Brief make no mention of non-earner benefits.
The Insurer has failed to meet the onus of establishing, on balance of probabilities, that it issued a clear and unequivocal refusal of non-earner benefits. As such, I find that the limitation period regarding non-earner benefits never began to run.
Khan and State Farm 2016-05-06,FSCO 4892
If State Farm did in fact review the documentation thoroughly they would have noted that the major factor relied upon by Mr. Khan in support of his claim is the worsening of his psychological condition that he believed arose from the accident.
The reviewer would have noted that the Schedule requires that the assessments take place in accordance with the AMA Guides which form the basis of any consideration of catastrophic impairment. He or she would also note that the primary assessor, Dr. Jeffries, in assessing the psychological impairment specifically rejected the approach taken by the Guides, and consequently accorded a rating of zero impairment to Mr. Khan.
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Cheaper auto insurance means less coverage for Ontarians
Beginning June 1, Ontario’s car accident survivors may be forced to make a lot of tough choices when it comes to their rehabilitation and quest for independence as newly disabled people.
New accident benefit dispute regime burdens applicants, law firms
A new system that came into effect April 1 will see accident benefits disputes head to the Licensing Appeals Tribunal (LAT) instead of the Financial Services Commission of Ontario (FSCO) — but as Toronto personal injury lawyer Darryl Singer tells Law Times, he already has a number of key concerns with the new process.
Ontario Auto Insurance Changes will Reduce Transaction Costs says Industry Expert
The soon to be implemented Ontario auto insurance reforms have garnered criticism from some quarters, but there are those who say the change is good and will improve the industry. James Cameron, president of Cameron & Associates was speaking at an insurance event on Tuesday when he said the Ontario reforms will make transaction costs lower.
Cheaper auto insurance means less coverage for Ontarians
It’s estimated that under the current laws $1 million in care benefits lasts about 13 years, which is far from sufficient if you’re a young person living with a disability that may require around the clock care. But Wagman says it is at least a foundation on which to build rehabilitation.
Reduced auto insurance accident benefits could influence balance between attendant care, treatment: lawyer
The reduced accident benefits under Ontario’s auto reforms may prove a shock to drivers with non-catastrophic injuries, but perhaps should also elicit concern over the potential for treatment to come second to attendant care, suggests Daniel Strigberger, a lawyer with Samis+Company.
Ontario auto reforms should help cut transaction costs: Cameron
If things unfold as intended, Ontario’s auto insurance reforms should help reduce transaction costs that have long been an issue for the entire system, James Cameron, president of Cameron & Associates, suggested during an industry event Tuesday.