News

A stroke speculatively caused by an auto collision entitles victim to accident benefits: FSCO

The Financial Services Commission of Ontario (FSCO) has denied the appeal of an insurer that was ordered to pay auto insurance benefits to a man (now deceased) who suffered a stroke at about the same time he was involved in an accident at a Tim Horton’s drive-through. In Dominion of Canada General Insurance Company and […]

March 31, 2010

2 min read

Only one Class 4 impairment required for injury victim to be deemed catastrophically impaired: FSCO arbitrator

A person injured in a motor vehicle accident requires only one marked (i. e. Class 4) impairment to be considered catastrophically impaired, a Financial Services Commission of Ontario (FSCO) arbitrator has ruled. “[FSCO] Arbitrator [Elizabeth] Nastasi in Pastore and Aviva Canada Inc. . . . notes that the Superintendent’s Guidelines for undertaking catastrophic impairment assessments […]

March 31, 2010

2 min read

Group disability benefits can be deducted from income replacement benefits: FSCO

An Ontario arbitration decision has once again raised a question about the deductibility of collateral benefits. This time a decision determined that long-term benefits received from a group disability insurance plan underwritten by Sun Life can be deducted from income replacement benefits underwritten by The Co-operators. In making the decision, Financial Services Commission of Ontario […]

March 31, 2010

2 min read

Ontario arbitration case may have widened definition of ‘catastrophic impairment’

Ontario’s definition of a “catastrophic impairment” may have widened as a result of a recent decision by the Financial Services Commission of Ontario, lawyers are saying about the case of Aviva and Pastore. In Aviva and Pastore, a FSCO director delegate ruled there is no inconsistency in defining an auto injury victim as “catastrophically impaired,” […]

March 31, 2010

2 min read