3 total
Accident benefits insurer is not a necessary party in plaintiff's suit against long-term disability insurer.
The plaintiff was injured in a motor vehicle accident and sued her long-term disability insurer after being denied benefits.
She was receiving income replacement benefits from her accident benefits insurer.
The accident benefits insurer successfully moved to be added as a defendant to help the plaintiff secure long-term disability benefits, which would reduce its own payment obligations.
The long-term disability insurer appealed.
The Divisional Court allowed the appeal, finding that the accident benefits insurer was not a necessary party under Rule 5.03 and had no direct cause of action against the long-term disability insurer.
Motion granted compelling third-party psychologist to produce clinical notes and records.
The insurer brought a motion seeking an order to compel a third-party psychologist to produce his rough clinical notes and other materials relied upon in his psychological assessment of the applicant.
The applicant did not oppose the motion and provided authorization for the release.
The third party did not attend the hearing.
The arbitrator found the materials relevant and ordered the third party to release all records pertaining to the applicant to the applicant's counsel.
Limitation period for accident benefits dispute begins on the date benefits are stopped, not when notice is mailed.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer sent a notice terminating her income replacement benefits.
The insurer argued the applicant's subsequent application for mediation was filed beyond the two-year limitation period.
The arbitrator held that the limitation period begins to run from the date the insurer stops paying benefits or the date specified in the stoppage notice, not the date the notice is mailed or received.
As the application was filed within two years of the specified stoppage date, it was not statute-barred.
