Supreme Court of Canada Shuts Down Insurer Leave to appeal from the Court of Appeal’s decision in Tomec v Economical Mutual Insurance Company In 2019 ONCA 882 was recently denied by our highest court. This finally shuts down years of refusals by Economical trying to prevent another car accident victim from receiving benefits that ought to have been paid. Ms. Tomec’s 2008 car accident tragically changed her life forever. Economical refused to pay attendant care and housekeeping benefits which became much more important as her condition worsened. Years later having proven catastrophic designation, Economical refused to pay attendant care and housekeeping benefits. Ms. Tomec had to appeal to the Licencing Appeal Tribunal that refused the benefits. This decision was appealed to the Divisional Court which refused to overturn the decision of the LAT. A third appeal to the Court of Appeal was finally successful and Economical was ordered to pay Ms. Tomec. Despite this, Economical attempted to appeal from the Court of Appeal and avoid its obligations. Fortunately, the Supreme Court has now shut down Economical. Victims of car accidents with serious injuries need to be aware of their rights and always need an experienced personal injury lawyer to protect their interests! “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Personal InjuryJune 5, 2020September 29, 2020
Fair Insurance Act The Ontario Liberal government, just prior to an election, claims it has again decided to address high automobile insurance premiums (but ignores the negative effect of these changes on victims of car accidents). In the 2017 Ontario Ministry of Finance Report “Fair Benefits Fairly Delivered: A Review of the Auto Insurance System of Ontario” the average yearly rates for car insurance by province were: Ontario: $1,458 C.: $1,316 Alberta: $1,179 Newfoundland & Labrador: $1,090 Manitoba: $1,001 Northwest Territories: $974 Nunavut: $968 Yukon: $806 Nova Scotia: $783 Saskatchewan: $775 New Brunswick: $763 E.I.: $755 Quebec: $724. The Liberal government, which has historically taken away benefits and protection from victims with empty promises of keeping car insurance rates affordable (I have never seen any reduction in car insurance the last few years, have you?), has created smoke and mirrors and called it The Fair Auto Insurance Plan. This plan is supposed to “improve care, reduce disputes around diagnosis and treatment… promote innovation, competition and other steps to improve consumer protection.” The plan creates a fancy title for investigation of alleged fraud “The Serious Fraud Office” which is to be operational by the spring of 2018. Call me sceptical but insurers have appropriately and successfully cut out all fraud from car insurance for years, so is this the Premier’s excuse why her promises regarding reducing car insurance premiums never worked out? (although they did cut off perhaps 50% of the benefits desperately needed for victims and greatly increased profits of the auto insurers). The Fair Auto Insurance Plan will also introduce: Standard treatment plans for immediate care on common injuries: sprains, whiplash, etc. (Ask yourself how “common” your injuries are when you are so inflicted). Independent examination centres for more serious collision victims aimed to reduce diagnosis disputes, reduce system costs and inefficiencies (Historically “independent” examination centres are insurer biased). Insurance Act to be given “greater teeth” to protect consumers (Consumer benefit has never been the intention behind changes since 1990- ask any personal injury lawyer). These promised changes have elements that have been used in previous car insurance regimes that have all failed, yet before election promises are being made to protect consumers! The only protection for consumers in the car insurance industry is to acquire optional benefits from your insurance broker to better protect you and your family and to ask a personal injury lawyer whether your coverage is adequate before it is too late! For more information please contact Personal Injury lawyer Marc Spivak by email marc.spivak@devrylaw.ca or phone 416-446-5855. “This article is intended to inform. Its content does not constitute legal advice and should not be upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Insurance Defence, Personal InjuryDecember 19, 2017June 10, 2020
Insurance Adjusters in U.S. look to save time by using Drones to assess Damage Travelers Insurance in the U.S. is responding to the hurricane in Texas by training their adjusters to become certified drone pilots. Travelers Insurance had 65 certified pilots as of Friday among the 600 employees that are deployed to the Houston area. Overall, they have 300 employees that are certified drone operators, and are looking to get that number to 600 by early 2018. Other companies such as State Farm and Allstate have drones, but State Farm has decided to not use its drone fleet in Houston, just yet. Allstate has contracted a third-party drone operator to do hundreds of inspections a day in Houston. By using drones, insurance companies can save time and protect their adjusters from potentially unsafe areas, not to mention being able to get “the customer back on their feet more quickly, paying them more quickly so they can get their damages repaired as quickly as possible,” says vice-president of claims for Travelers, Jim Wucherpfennig. Since the Federal Aviation Administration (FAA) eased some restrictions last year, insurance companies have increased their fleets. Drones have become very inexpensive and as a result, most major insurers now have a fleet – “the benefits were evident in the response to Hurricane Matthew last October,” according to Jim Whittle, chief claims counsel for the American Insurance Association. If you are unable to enter an area due to restrictions or nature, you can fly your drone and get access to the property for an assessment. For Travelers, they do not expect their drone fleet to take the place of human adjusters, as the claims specialists will almost always do an on-the-ground inspection to get a proper final estimate. The drones allow for a head start. For one Travelers employee Laura Shell, a catastrophe claims specialist, she believes that by using a drone it will allow her “to get a look into areas that aren’t easily accessible and onto roofs,” to do her job quickly. In situations like Hurricane Harvey and Matthew it has become evident that the benefits drones provide are far reaching, not only for the insurance companies and adjusters, but also the insured, who are in desperate need of support in order to get their lives back on track after such devastation. At Devry Smith Frank LLP we have experienced lawyers in all areas of law. If you are looking for a lawyer or have general questions, please feel free to contact one of our lawyers today, or call us directly at 416-449-1400. By: Nicolas Di Nardo “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Insurance DefenceSeptember 5, 2017June 18, 2020
