Following a jury verdict in a statutory accident benefits action, the court determined post‑trial issues concerning transportation expense deductibles, interest on overdue benefits, and costs.
The insurer argued that the statutory 50‑kilometre deductible applied to transportation expenses and sought to call additional evidence, but the court refused and held the deductible did not apply because the insurer had waived it and the insured was unable to drive during the relevant period.
On the issue of interest under the Statutory Accident Benefits Schedule, the court applied appellate authority holding that interest on overdue benefits runs from the date the benefit first became overdue, even if the insurer did not know the correct amount at the time.
The court also considered competing offers to settle and concluded that the plaintiff was the successful party overall.
Costs were awarded to the plaintiff on a partial indemnity basis.
