3 total
Insurer ordered to fund chiropractic and psychological treatment plans found to be reasonable and necessary.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits for chiropractic and psychological treatment.
The respondent insurer denied the treatment plans, arguing the chiropractic treatments were passive and the psychological sessions were unnecessarily long.
The Tribunal found that the applicant demonstrated consistent improvement with the chiropractic treatments and that the longer psychological sessions were necessary to safely address trauma.
The Tribunal ordered the respondent to pay for the disputed treatment plans and interest on overdue payments.
Arbitration dismissed as abandoned after applicant failed to attend the scheduled hearing; expenses awarded to insurer.
The applicant applied for statutory accident benefits following a motor vehicle accident.
After his counsel was removed from the record due to an inability to obtain instructions, the applicant failed to attend the scheduled arbitration hearing.
The insurer moved to dismiss the arbitration as abandoned.
The arbitrator granted the motion, dismissing the arbitration in its entirety, and ordered the applicant to pay the insurer's fixed expenses of $2,035.95.
Limitation period for insurance loss transfer claims begins the day after a demand is made.
Two first party insurers paid statutory accident benefits to their insureds and made requests for loss transfer from second party insurers.
The second party insurers refused to pay, and the first party insurers initiated arbitration proceedings.
The second party insurers argued the claims were barred by the Limitations Act, 2002.
The Court of Appeal held that the two-year limitation period for loss transfer claims begins to run the day after the first party insurer makes a demand for loss transfer, not from the date the second party insurer definitively refuses to indemnify.
The appeals by the first party insurers were dismissed.
