Personal Injury Blog

Accident Benefits (6)

Accident Benefits Updates: Egg Incident

In Gilbraith v. Intact Insurance Company (2019 ONSC 1875), Intact brought a Summary Judgment Motion to dismiss Ms. Gilbraith’s claim.  She had been seriously injured following an unusual chain of events that she claimed was an "accident" as defined in the Insurance Act. On April 11, 2014 she and a...

It Was Fun While It Lasted: Court Of Appeal Restores Status Quo For EUO

Since the introduction of the "no fault" accident benefits system in Ontario, the legislature has imposed further disclosure obligations on accident victims seeking entitlement to benefits.  For example, the Automobile Insurance Rate Stability Act, 1996, (at s.33(1) of the current Statutory Accident...

Does "Pay First and Dispute Later" Rule Apply to Non-Motor Vehicle Insurance Companies?

What is "Pay First and Dispute Later" Rule

Lat Applies Heath Test- Orders Non-earner Benefits (Neb) For Chronic Pain

When you apply for accident benefits coverage after a car accident, you are required to elect one of: Income Replacement Benefits (IRB), Caregiver Benefits, or Non-Earner Benefits (NEB). Of the three, NEBs have the most challenging criteria to meet. NEBs only kick in after six months AND have the...

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