Essential Tips for Consumers renewing their Car/Auto Insurance in Ontario.

Posted by on August 3, 2010 under Accident Benefits, Automobile Insurance, Claims Denial, Disability Benefits, Insurance Companies, News, Our Firm Comments are off for this article

After September 1, 2010, car insurance companies and brokers across Ontario will be presenting consumers with new choices for their auto insurance renewals.  A daunting process is ahead.  The insurance system in Ontario is one of the most complicated systems in North America. 

Even though car insurance is a major budgetary item for many families, many consumers are unfamiliar with the coverage they actually have.  After September 1, consumers will be given a number of choices as to amount of benefits they wish to purchase. By giving such a choice, the intent was to give them a break on premiums being paid.  

The new basic auto policy being sold contains far less benefits than what existed before September 1.  With benefits being drastically reduced, one would of course expect to see some significant reductions in how much one has to pay in premiums. 

Therefore it is absolutely critical that each consumer ask their insurance company and brokers what are they buying and at what price.  Like shopping in a supermarket, each item ought to have a price tag. Read more of this article »

Caring Family Members Will Feel the Sting of the New Law: Changes to Auto Insurance Effective September 1, 2010

Posted by on April 27, 2010 under Accident Benefits, Automobile Insurance, Claims Denial, Disability Benefits, Insurance Companies, News Read the First Comment

[This is the fourth part of a series by Patrick Brown on upcoming changes to Ontario’s Auto Insurance Laws]

Starting September 1, 2010, many family members who provide basic care needs to their injured family members will be cut out from receiving any compensation for these essential services.  The new law eliminates any benefits going to a family member who help the disabled family member unless they show they suffered an “economic loss” because of it. 

This will have a devastating impact on families who chose to have family members look after their severely injured loved ones.  The new law was passed at the request of the insurance industry.  It will force families to use outside agencies.  Right now for instances, if a family member is hit by a car and suffers serious injury to the extent they can no longer dress, bathe or feed themselves, a benefit is available up to either 3,000 or 6,000 per month so that other families members can help.  Under the new system, this funding will stop unless mom, dad or sibling can show they lost money somehow [i.e. they have to quit work or miss work without pay]. The only way to access the benefit is to have a third party care agency come in and provide the services. Read more of this article »

Auto Insurance Changes Effective September 1, 2010: Justice Restored in Fatality Claims

Posted by on April 6, 2010 under Accident Benefits, Automobile Insurance, Case Law, Insurance Companies, News Comments are off for this article

This is the second of a series where Patrick Brown discusses the upcoming changes to auto insurance.

The Ontario Government has now stepped up and restored both dignity and respect to the senior community and those families that have lost a loved one at the hands of a bad driver. 

The Minister of Finance announced that effective September 1, 20010, the deductible in auto related wrongful death cases will be eliminated.  The right to a grandparent to receive compensation when they lose a grandchild will be restored.  As well, grandchildren will also be able to advance meaningful claims for compensation when they lose a grandparent to a negligent driver.

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When is a Settlement Truly a Settlement?

Posted by on March 16, 2010 under Case Law, Disability Benefits Comments are off for this article

One of the most common ways to settle a lawsuit is for the parties to attend a mediation.    In Lynne Boulanger’s lawsuit against The Great-West Life Assurance Company, the parties did exactly that.  At the end of the mediation, their lawyers drafted a “Settlement Agreement”.

As part of the Settlement Agreement, Ms. Boulanger agreed to sign a release “in a form reasonably satisfactory to counsel for both sides.”  At the mediation, Ms. Boulanger read or had the Settlement Agreement read to her and understood its contents.

About a month after the mediation, Ms. Boulanger asked her lawyer to get Great-West Life to approve the release of settlement funds and the reinstatement of her long-term disability benefits, while the parties worked out other issues in the agreement.  Great-West Life agreed.

Shortly afterward, Ms. Boulanger had a falling out with her lawyer, and went on to represent herself.  She took the position that the claim had not been entirely resolved  and did not sign the release.  Specifically, she alleged that the issues of punitive damages and damages for mental distress still needed to be resolved.

Great-West Life brought a motion for an Order dismissing the lawsuit.

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