Not exact matches
The Plaintiff applied for and received
statutory accident benefits from her
insurer, for the total amount of $ 45,641.00.
(3) A second party
insurer under a policy insuring a heavy commercial vehicle is obligated under section 275 of the Act to indemnify a first party
insurer unless the person receiving
statutory accident benefits first party
insurer is claiming them under a policy insuring a heavy commercial vehicle.
This creates tremendous risk and exposure to the
insurer because of the «open ended» nature of its
statutory obligation and creates a tremendous incentive to negotiate a «cash out» of
accident benefit claims.
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»).
(2) If an
insurer in respect of which a winding - up order has been made under the Winding - up and Restructuring Act (Canada) is liable to pay
statutory accident benefits, the
benefits, including any
benefits that were outstanding at the time the order was made, shall be paid out of the Motor Vehicle
Accident Claims Fund.
(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
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
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.
268.0.1 (1) The making of a winding - up order in respect of an
insurer under the Winding - up and Restructuring Act (Canada) shall not be taken into account in determining under section 268 whether the
insurer is liable to pay
statutory accident benefits.
(5) Despite subsection (4), if a person is a named insured under a contract evidenced by a motor vehicle liability policy or the person is the spouse or a dependant, as defined in the
Statutory Accident Benefits Schedule, of a named insured, the person shall claim statutory accident benefits against the insurer under tha
Statutory Accident Benefits Schedule, of a named insured, the person shall claim statutory accident benefits against the insurer under that
Benefits Schedule, of a named insured, the person shall claim
statutory accident benefits against the insurer under tha
statutory accident benefits against the insurer under that
benefits against the
insurer under that policy.
288.4 (1) The holder of a service provider's licence is eligible to be paid directly by an
insurer for listed expenses in connection with
statutory accident benefits.
(3) An
insurer against whom a person has recourse for the payment of
statutory accident benefits is liable to pay the
benefits.
if recovery is unavailable under subparagraph i or ii, the occupant has recourse against the
insurer of any other automobile involved in the incident from which the entitlement to
statutory accident benefits arose,
10.4 governing the procedure for determining who is liable to pay
statutory accident benefits under section 268, including requiring
insurers to resolve disputes about liability through an arbitration process established by the regulations and requiring the interim payment of
benefits pending the determination of liability;
(3) It is a condition of a service provider's licence that the licensee is required to submit invoices to the applicable
insurer, or to such other person or entity as the
insurer directs, for payment of listed expenses in connection with
statutory accident benefits.
In any action in Ontario against the licensed
insurer or its insured arising out of an automobile
accident in Ontario, the
insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the
statutory accident benefits referred to in subsection 268 (1).
(5.2) If there is more than one
insurer against which a person may claim
benefits under subsection (5) and the person was, at the time of the incident, an occupant of an automobile in respect of which the person is the named insured or the spouse or a dependant of the named insured, the person shall claim
statutory accident benefits against the
insurer of the automobile in which the person was an occupant.
(4) If, under subparagraph i or iii of paragraph 1 or subparagraph i or iii of paragraph 2 of subsection (2), a person has recourse against more than one
insurer for the payment of
statutory accident benefits, the person, in his or her absolute discretion, may decide the
insurer from which he or she will claim the
benefits.
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.
Your own auto
insurer will provide your
statutory accident benefit coverage.
He acted as lead counsel in this case where the
insurer had denied that D.M. had been involved in an «
accident» in accordance with the definition sections of the
Statutory Accident Benefits Schedule.
(9) Clause (2)(a) shall not be interpreted as prohibiting an additional examination of the applicant under oath, under Ontario Regulation 283/95 (Disputes Between
Insurers) made under the Act, at the
insurer's request that is conducted for the purpose of determining who is liable under section 268 of the Act to pay
statutory accident benefits in respect of the
accident.
if recovery is unavailable under subparagraph i or ii, the non-occupant has recourse against the
insurer of any automobile involved in the incident from which the entitlement to
statutory accident benefits arose, iv.
30 days after the
accident â $ «The injured person must complete their application for
statutory accident benefits with their own auto
insurer.
The decision in Intact Insurance Company v. Allstate Insurance Company of Canada, 2016 ONCA 609 involved an insurance arbitrator's determination of a priority dispute between two
insurers concerning the payment of
statutory accident benefits.
As of December 1, 2014, service providers who submit OCF - 21 forms through Health Claims for Auto Insurance (HCAI) must be licensed with the Financial Services Commission of Ontario (FSCO) to invoice and receive direct payment from automobile
insurers for specific «listed expenses» in connection with
statutory accident benefits.
The other was a «priority dispute» between
insurers in the
statutory accident benefits context to determine which
insurer was responsible to pay SABs to the
accident victims.
This appeal arose in the context of a dispute between
insurers with respect to the payment of
statutory accident benefits («SABS»), and the determination by the arbitrator of a preliminary issue.
As of December 1, 2014, service providers who submit OCF - 21 forms through Health Claims for Auto Insurance (HCAI)[New Window] must be licensed with the Financial Services Commission of Ontario (FSCO) to invoice and receive direct payment from automobile
insurers for specific «listed expenses» in connection with
statutory accident benefits.
• Employment disputes; • Contract disputes; • Property disputes; • Bodily injury claims; • Tax issues; • Legal defence; • Total loss valuation disputes arising from motor vehicle
accident; •
Statutory Accident Benefit claims against your automobile
insurer; • Driver's licence protection • Issues arising from driving or being a passenger in vehicles owned by another person; • Court attendance expenses.
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.