Posts Tagged: insurance law
Expert Reports Can be Claimed Against Accident Benefits Carrier, Even if Used in Tort
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, court civil procedure, experts, insurance law, motorcycle accident on
The Background: When injured in an Ontario car accident, plaintiffs suing in tort (i..e against the other driver) also have an ongoing claim with their Accident Benefits carrier, which very often turns into a dispute claim.
The Issue: Can the cost of an expert report be claimed against the Accident Benefits carrier, even when the report is partially used in the tort lawsuit?
Why This Matters: Plaintiffs incur significant expenses (disbursements) when prosecuting their tort lawsuit and/or accident benefits disputes. It is important to seek re-imbursement whenever possible. … Continue Reading
Unusual Allegations of Plagiarism by a Trial Judge
On behalf of Bougadis, Chang LLP Barristers posted in court civil procedure, insurance law, motor vehicle accident, personal injury on
The BC Court of Appeal has released the Cojocaru (Guardian Ad Litem) v. British Columbia Women’s Hospital and Health Center, 2011 BCCA 192 decision, in which it overturns the Trial decision, citing that the Trial Judge did not demonstrate, through the Trial judgment, that the Reasons given were an independent analysis of the Trial evidence.
A sensational news story already, it will have some legs since this was a 2 to 1 decision in the Court of Appeal and the plaintiff’s lawyer has stated publicly that an appeal is likely. … Continue Reading
Chinese News Newspaper – Car, Home and Life Insurance
On behalf of Bougadis, Chang LLP Barristers posted in coverage and duty to defend, homeowner's insurance, insurance law, motor vehicle accident, news & events on
Our thanks to the Chinese News Group and Eric Emin Wood for allowing us to participate in their recent article (found online here) concerning a primer for their reader on some differences between car, home and life insurance.
A PDF version of the article is found here.
Gregory Chang
Toronto Insurance Lawyer… Continue Reading
Double Recovery for One Accident? How About a Double Deduction against your Damages? A Plaintiff’s Perspective.
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, damages, income replacement benefits, insurance law, motion, motor vehicle accident, personal injury on
After a car accident in Ontario, you are usually entitled to receive some Accident Benefits, regardless of who caused the accident.
One of the decisions that many injured people will make, when applying to Accident Benefits, is whether to receive income replacement benefits (“IRB”) or caregiver benefits.
What happens if you choose caregiver benefits, when you could have equally qualified for IRB, and then you go on to commence a tort lawsuit arising from the same accident?
If you claim past or future income loss in the tort lawsuit (or even loss of earning capacity), will you be penalized for failing to have chosen IRB benefits instead of caregiver benefits?… Continue Reading
Double Recovery for One Accident? The Interplay of Long Term Disability Insurance and Car Accidents
On behalf of Bougadis, Chang LLP Barristers posted in accident benefits, damages, income replacement benefits, insurance law, long term disability, motion, motor vehicle accident, personal injury on
Frequently, a person hurt in a car accident in Ontario also has the benefit, through their employment, of both a short term disability insurance policy (STD) and also a long term disability policy (LTD).
If the injured person starts a lawsuit for damages arising from the car accident, then what happens if they also receive monies pursuant to their LTD policy?
Is it possible to receive money twice for the same accident, otherwise known as double recovery?
Double recovery is an obvious issue that defendants and insurers take note of and dispute in each case. … Continue Reading
Mystery Heating Oil Dumped into Residence > Insurance Claim Denied
On behalf of Bougadis, Chang LLP Barristers posted in coverage and duty to defend, homeowner's insurance, insurance law, news & events on
Our thanks to the Chinese News Group and Nancy Jin for allowing us to participate in their recent article.
The text of that article is re-printed here:
Should home insurance deny her claim?
By Nancy Jin, Reporter
To expect the unexpected, we purchased home insurance that serves to protect our property from fire or theft. However, there are certain events that nobody seems able to prepare for.
Some insurance claims could result from bizarre events that seem very unlikely to happen: A ram head butted a policyholder and knocked out one of his teeth; a homeowner was shocked to find that cows had invaded his garden and climbed into his pool; A policyholder accidentally burned several hundred dollars of cash he had left in an envelope; a chocolate fountain exploded leaving the carpet with molten brown stains.… Continue Reading
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