How do disability benefits effect my ICBC claim?

If a person injured in a motor vehicle accident has access to a short-term or long-term disability plan because of the injuries suffered in the motor vehicle accident this is, generally speaking, a significant advantage. The advantage is that in most situations ICBC cannot deduct the disability benefits paid when considering settlement on the injury claim. In other words, if the net wage loss is $10,000 and the insured is paid $5,000 in disability benefits, ICBC does not pay $5,000, they pay $10,000. ICBC is not allowed to deduct disability benefits in situations where the insured pays all...

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“Failure to follow up” by insurer may be punished.

On May 4, 2010, the Nova Scotia Court of Appeal held in Kings Mutual Insurance Co. v. Ackermann, that by not following up on all the evidence relevant to the claim, withholding critical information from the adjuster engaged to investigate the claim and allowing the adjuster to present the results of the investigation in a partisan, biased and un-objective manner, the insurer’s actions were such that an award of punitive damages was rationally required to punish the insurer’s conduct. The insureds were insured for damage to their dairy barn for the peril of a “windstorm”,...

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How can an LTD claim be settled?

Although many disputed Long Term Disability claims lead to lawsuits, most claims settle before trial. There are a number of approaches a disability lawyer can pursue to resolve a long term disability claim without a trial: 1. Reinstatement – this is the simplest way to resolve a long term disability claim. The insurer will pay a lump sum to bring the disability benefit up to date (i.e. payment of arrears), and then restart payments under the disability policy. This type of resolution will often occur when the insured is young and the prognosis for a return to work is uncertain. In this...

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Fact Sheet for ICBC and Personal Injury Clients.

DOS and DON’TS   Do: See your doctor regularly so that he or she can provide us with a full report on your condition. Tell us if you visit a new doctor, chiropractor or physiotherapist for treatment of your injuries. Keep us informed of any important changes in your medical condition. Save any cast, collar, brace or other device that has been used in your treatment. These might be helpful if your case goes to court. Keep us advised of any change of your address, phone or work information. Save any receipts for any expenses related to the accident or your injuries (drugs, taxis, repair...

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$25,000 damages awarded for mental distress.

On September 28, 2009, the Ontario Superior Court of Justice released its decision in McQueen v. Echelon General Insurance Co., [2009] O.J. No. 3965. The Court made a substantial award of mental distress damages against the insurer, Echelon, for denial of benefits in the amount of $25,000.00. BACKGROUND This case arose from a claim for statutory accident benefits and damages for breach of the insurer’s duty to act in good faith. The plaintiff sustained injuries in a rollover motor vehicle accident. At the time of the accident, she was unemployed and received benefits under the Ontario...

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