Sentences with phrase «statutory accident»
A "statutory accident" refers to an accident that is caused by a specific law or regulation. It typically means that there is a legal requirement or obligation in place that led to the accident. Full definition
All payments in respect of the incident that the plaintiff receives after the trial of the action for statutory accident benefits in respect of expenses for health care.
ontario.ca
Her current practice focuses on the defence of statutory accident benefits claims, including acting on behalf of auto insurers in loss transfer and priority disputes between insurers, and tort claims.
The current statutory accident benefit regime is far too complex and full of red tape resulting in unnecessary disputes and litigation.
$ 15 multiplied (x) by the total number of unique statutory accident benefit claimants in the calendar year before the year in which the application is made.
I still do primarily claims relating to motor vehicle accidents and I do a fair amount of statutory accident benefits, defending those on behalf of the insurance companies.
(3) An insurer against whom a person has recourse for the payment of statutory accident benefits is liable to pay the benefits.
«listed expenses» means, in connection with statutory accident benefits, the amounts payable that, under section 288.1, are listed expenses; («frais désignés»)
The MVACF provides statutory accident benefits directly to injured persons involved in an automobile accident or to allow injured persons to recover from owners and drivers of uninsured vehicles.
(3) Every contract to which subsection 268 (1) applies shall be deemed to have been amended on the 22nd day of June, 1990, to include statutory accident benefits in accordance with the Statutory Accident Benefits Schedule.
A person injured as a result of a motorcycle crash could receive compensation by suing an at - fault driver and their insurance company and is also able to immediately access statutory accident benefits regardless of who is at fault.
(2) A lack of consent does not invalidate such statutory accident benefits as are set out in the Statutory Accident Benefits Schedule.
Many of the changes in the reform affect Statutory accident benefits.
In order to «cash out» an accident benefit claim, it is important to appreciate the peculiarities of the various statutory accident benefit schemes and the interface or interrelationship between the SABS and the various tort compensation rules.
Any solution to the current crisis in automobile insurance must include a new simple streamlined statutory accident benefits system which allows an accident victim access to reasonably necessary and timely care and treatment at a cost that is affordable and sustainable.
(8) Where the Statutory Accident Benefits Schedule provides that the insurer will pay a particular statutory accident benefit pending resolution of any dispute between the insurer and an insured, the insurer shall pay the benefit until the dispute is resolved.
Amounts payable for prescribed goods or services that relate to such medical benefits, rehabilitation benefits, attendant care benefits and other statutory accident benefits as may be prescribed for the purposes of this section.
It found its way into the causation tests in statutory compensation regimes such as the provincial workers» compensation schemes and motor vehicle statutory accident benefit schemes, too.
The Licence Appeal Tribunal has, as of October 12, 2016, issued nine decisions since it assumed jurisdiction to resolve statutory accident benefit disputes six months ago.
Most Ontario residents who are injured in a motor vehicle accident are entitled to receive Ontario statutory accident benefits.
In other words, the accident is no longer treated as a motor vehicle accident — the plaintiff can not obtain statutory accident benefits, but the owner / driver of the public transit vehicle is required to indemnify the plaintiff for her full loss, regardless of whether she suffered a permanent, serious impairment.
4) To ensure that the Financial Services Commission of Ontario meets its mandate to provide fair, timely, accessible, and cost - effective processes for resolving disputes over statutory accident benefits, it should:
288.1 (1) For the purposes of this Part, the following are listed expenses in connection with statutory accident benefits:
FSCO regulates the insurance sector; pension plans; loan and trust companies; credit unions and caisses populaires; the mortgage brokering sector; co-operative corporations in Ontario; and service providers who invoice auto insurers for statutory accident benefits claims.
Accordingly, when snowmobiles are operated on property not occupied by the owner at the time of an accident, they are considered «automobiles» for which insurance coverage resulting from an accident may be available under the individual's own automobile insurance policy, including statutory accident benefits, third - party liability and underinsured coverage.
Most of us are unaware that our right to access statutory accident benefits will be significantly restricted after September 1, 2010 unless we choose to purchase optional coverage from our automobile insurer.
(2) Subsection (1) does not invalidate such statutory accident benefits as are set out in the Statutory Accident Benefits Schedule.
In October 2012, Peter was selected to be added to the ADR Chambers» list of outside mediators to assist in mediating outstanding claims for statutory accident benefits under various Ontario auto insurance schemes.
Marshall recommends eliminating the involvement of legal counsel in advising accident victims of their rights to statutory accident benefits and other compensation.
A special award punished insurers who unreasonably failed to pay accident benefits promptly, as required by the Statutory Accidents Benefit Schedule.
Unless and until there are appropriate reforms to the statutory accident benefits scheme which will provide fair and readily accessible benefits to accident victims without complex and confusing rules, red tape or bureaucracy, the system will not function efficiently and effectively.
It would be unfair to deprive accident victims of the right to legal counsel to deal with the current minefield of complexity and uncertainty in the statutory accident benefit scheme.
In Economical Mutual Insurance v. Caughty, the Ontario Court of Appeal considered whether a person who tripped over a parked motorcycle was entitled to statutory accident benefits (SABS).
Noting recent legislative changes to reduce benefits in order to contain auto insurance premiums, Lauwers said the statutory accident benefits schedule makes a bright - line demarcation between mental and behavioural disorders and other impairments.
The applicable insurance legislation and statutory accident benefit regulations, guidelines, bulletins and the regulations surrounding the dispute resolution process under the LAT extend for hundreds of pages, are often complex and are impacted by hundreds of decisions by judges and adjudicators.
It would also include experts retained by a non-party to the litigation (for example, statutory accident benefits («SABS») insurers), who form opinions based on personal observations or examinations relating to the subject matter of the litigation for a purpose other than the litigation (referred to in these reasons as «non-party experts»).
25.1 governing agreements to settle claims and disputes in respect of statutory accident benefits under Part VI;
10.1 prescribing coverages and endorsements in respect of contracts of automobile insurance that insurers or a class of insurers are required to offer, deeming the benefits provided by the coverages and endorsements not to be statutory accident benefits for the purpose of Part VI, and prescribing the circumstances in which the coverages and endorsements shall be offered;