Sentences with phrase «subrogated claims»

Our firm has a strong track record in advancing subrogated claims on behalf of its clients, bringing a practical and common - sense approach to subrogation.

The Mortmans» have filed a review at the Ontario Labour Relations Board and the federal government was granted standing to advance subrogated claims for the payments it made to the employees under the WEPPA.

In addition, we have significant experience in prosecuting subrogated claims on the basis of both traditional contingency fee arrangements and more complex contingency and performance - based structures that take into account achieving pre-arranged milestones.

There, the MIB's right to deduct «subordinated» claims from a victim's compensation is confined by the use of the phrase: ``... other insurers or social security bodies to subrogated claims by insurance undertakings and state run social security bodies».

The takeaway for employers looking to advance such subrogated claims is that where such information is required it will be necessary to either: (a) obtain the cooperation and consent of the worker; (b) make a request pursuant to section 58 of the WSIA; or, maybe depending on what the Information and Privacy Commissioner has to say, (c) make a an access to information request.

The Commission report under Article 27 (2) Rome I will be based on a comprehensive study that has just been released titled «Study on the question of effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over a right of another person».

For the past several years she has worked extensively on litigation in connection with subrogated claims arising from residential oil spills and other property loss claims as well as claims arising from motor vehicle accidents and slip and falls.

The Supreme Court's recent judgment on safe port warranties includes a decision on the insurance cover of The Ocean Victory which is a cause for concern for insurers wishing to pursue subrogated claims.

Interesting reasons were released today by the BC Court of Appeal limiting the scope of a contractual subrogated claim to exclude part 7 benefits a plaintiff recovered in an ICBC claim settlement.

The directive does not confer a general right to deduct subrogated claims nor does it permit a departure from the basic full compensation principle.

The takeaway is that whenever you, or your lawyer, are contemplating a civil action, the facts must be closely examined and any entities with pending or potential subrogated claims must be identified.

More complicated subrogated claims arise in group insurance policies, specifically relating to long - term disability benefits («LTD benefits»).

The most common subrogated claim encountered in personal injury matters is that of OHIP.

Counsel liability issues raised by OHIP subrogated claims Counsel representing clients who seek compensation for injuries caused by another's negligence or wrongdoing are encouraged to be mindful that the Ministry of Health and Long - Term Care may also be entitled to recover its costs for health care and medical treatment provided to the injured party from... Read More»

Additionally, Paul has experienced considerable success in the pursuit of major subrogated claims, and he is considered a pioneer in the defence of class action law suits in the Province of Ontario.

Samantha also provides coverage opinions and acts on subrogated claims for insurers and mortgage enforcements for financial institutions.

We also act for Insurers in fidelity and surety bond claims, in advancing subrogated claims, and as class action monitoring counsel.

The Trustees of the IWA) the Plaintiff was ordered to repay over $ 40,000 of a personal injury settlement he obtained to the Defendant's due to a contractual subrogated claim they enjoyed.

Thereafter it would be prudent to implement internal procedures to ensure that the subrogated claim is not overlooked when the case is being resolved.

In the first instance, Syncrude lost, with the Justice holding that the Insurance Act now barred such a subrogated claim.

Failure to advance OHIP's subrogated claim can lead to adverse consequences for both the injured plaintiff and plaintiff's counsel.

Subrogated claims should not be confused with the provision within the second subparagraph of Art 10.1 of the directive.

Having a separate paper or electronic subfolder to file all documentation related to the subrogated claim.

After the duty to advance a subrogated claim has been identified, plaintiff's counsel must notify OHIP of the litigation and seek instructions to advance the subrogated claim.

Further, no one would be permitted to launch any subrogated claims with respect to such benefits.

Andrew regularly acts for insurers and insureds on complex matters relating to insurance coverage and on subrogated claims.

Another indirect way that lawyers assist the community at large is to protect the subrogated claims of the Ontario Health Insurance Plan, better known as OHIP.

In circumstances where benefits are received prior to an election to advance a civil action, WSIB will often not commence its own separate action for reimbursement of the benefits paid, but rather, will seek reimbursement by having you advance a subrogated claim on its behalf.

If there is a subrogated claim at issue, instructions should be obtained from the subrogated entity at the outset to protect and advance its interests in the civil action, as failing to do so will only lead to detrimental consequences to you and all others involved.

Another instance where you may need to protect or advance a subrogated claim is in an action involving the Workplace Safety and Insurance Act, 1997, S.O. 1997, c. 16, Sch.

Interestingly, you should be aware that, pursuant to section 30 (5) of the Health Insurance Act, OHIP is not entitled to advance a subrogated claim for costs incurred or future costs related to injuries sustained in motor vehicle collisions.

Did the claimant in the subrogated claim have to give credit to the tortfeasor for the discount or could his insurers collect the gross hire charges?

In many cases it should be possible to circumvent the hurdle posed by the Supreme Court's judgment by the careful pleading of insurers» subrogated claim.

Cassandra also assists insurers in advancing subrogated claims and practices employment law, where she represents both employee and employer clients.

Her practice focuses on subrogated claims and insurance defence litigation.

She handles defence of insureds, pursuit of subrogated claims, coverage opinions and acting for insurers in coverage actions.

Action by a Government Authority respecting a subrogated claim on behalf of injured government worker

Having previously dismissed this subrogated claim for damages for negligence [2017] EWHC 62 (TCC) following a 6 day trial in the TCC, last week HHJ McKenna awarded the successful Defendant its costs in full after a separate hearing at which the Claimants were again represented by leading counsel.

Did you ever wonder how an insurer can bring a subrogated claim where the insured goes bankrupt?

He also regularly defends equestrian riding operations in addition to regularly assisting insurers in advancing subrogated claims.

Insurers seek Barbara's help with difficult claims in the areas of automobile, home, personal injury claims, commercial general liability, director's and officer's liability and professional liability, including defence of insureds, pursuit of subrogated claims, coverage opinions and defence of coverage actions.

A lawsuit was brought in the plaintiff's name (whether on its own behalf, or as a subrogated claim by its insurer), to recover the amount of the inventory loss from the warehouse operator.

Owen Bird's maritime lawyers have particular experience in matters relating to cargo coverage and damage, collisions, stevedoring, insurance (both defence and subrogated claims), regulatory matters, and other maritime claims, both in federal and provincial courts and at trial and appellate levels.

The Plaintiff appealed arguing the scope of the subrogated claim could not apply to ICBC part 7 benefits.