Archive for the ‘Insurance Coverage’ Category

Roger R. Foisy Slams Cost of Medical Records

Tuesday, February 14th, 2012

Roger Foisy was recently interviewed by one of Canada’s leading law publications, the Law Times, on the issue of excessive fees charged by pharmacies and medical offices for providing client medical records. The concern with these charges is they are out of line with the time spent retrieving and providing the information. Roger has been leading the client advocacy on this problem and has sounded the alarm. Eventually, these excessive costs impact clients’ net settlement values and increase costs for insurance companies – ultimately impacting premiums.

Read the full article – DOWNLOAD THE PDF

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Winter Tires: Could You Be Found Negligent?

Wednesday, November 2nd, 2011

Did you know that in Ontario you could be found negligent if you are in a car accident in the winter time and found to be driving without winter tires? In the province of Quebec it is actually illegal to drive in the winter time without winter tires. Multiple studies have shown the benefits of winter tires when it comes to slippery road conditions. When it comes to liability, after a car accident if you are sued by someone involved in the accident, you could be found partially responsible for the accident as a result of not having winter tires on your vehicle.

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Conflicting Limitation Periods for Car Accident Insurance Claims

Wednesday, September 14th, 2011

The car accident insurance case, Whorpole Estate v. Echelon General Insurance Co., [2011] O. J. No. 1644 (S. C. J.) has brought up the issue of conflicting limitation periods, where more than one limitation period exists and a decision must be made over which applies. In particular, this case shows the conflict between a limitation period according to the Trustee’s Act and one according to the Insurance Act.

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Defining ‘Minor Injury’ in Personal Injury Motor Vehicle Cases

Tuesday, August 30th, 2011

In September 2010, the Ontario Liberal government dramatically reduced the amount of medical and rehabilitation benefits available for injured people. For most Ontario car accident victims, the amount of available rehab money dropped from $100,000 to $3,500 with the introduction of the Minor Injury Guideline (MIG).

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Insurance Does Not Mean You Cannot Be Sued

Monday, July 11th, 2011

If you have car insurance this does not mean that you can’t still be sued personally if you are involved in a car accident. Your insurance company will only cover you up to the amount of insurance coverage you have. Many people are under the impression that they purchase insurance to protect themselves from being sued and losing their home.

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What are No Fault Insurance Benefits?

Tuesday, June 21st, 2011

There is a common misconception that ‘no fault’ insurance means that after a car accident no one is held to be at fault. This is not the case and the expression ‘no fault’ can be somewhat misleading when it comes to injuries resulting after a motor vehicle accident.

When someone is involved in a car accident with another driver, both individuals are required by law to be carrying automotive insurance. The law also requires that every insurance policy contain, by default, standard accident benefits. Additional insurance benefits can be purchased but every insurance policy will contain these standard ‘no fault’ insurance benefits.

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Immediately After a Car Accident

Tuesday, May 31st, 2011

Immediately after a motor vehicle accident, families may often find themselves having difficulties dealing with the sometimes overwhelming emotions they feel for the loved one involved in the car accident.  It is at this moment, during the crisis, that things like taking care of making phone calls, helping to arrange childcare, providing compassion by holding their hand and listening to the ones affected by the accident are so important.

Organizations like the “Victim Assistance Volunteer Program” offered by the Burlington Ontario Provincial Police are crucial.  They provide community-based short term emotional support and practical assistance to victims of car accidents and their loved ones through the use of specially trained volunteers. Their goal is to help victims and their families cope during these types of crisis situations within the first few hours in which they occur.  In addition to providing the types of compassionate services mentioned above, these organizations can also provide important referrals necessary to help the family deal with the immediate situation and the events that follow.

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Facebook, YouTube, Twitter and other Social Networks – Risky Business?

Thursday, April 7th, 2011

When it comes to companies providing you with insurance, the job of the ‘underwriter’ is to assess the risk you present to the insurance company should they decide to insure you. Things like age, drinking, smoking, medical history, family history of medical issues etc… may be taken into consideration when determining how “risky” a client you may be. This also determines how much your insurance premiums will be.  Insurance companies at the end of the day are looking to make money and to do so means paying out the least amount of money possible.

These days, beyond the medical and application form/questionnaire, insurance companies are turning to social networks to obtain further information. Is your profile open for others to see? Do you post things like your interests in bungee jumping or sky diving? Do your pictures show you smoking when you told the insurance company you didn’t?  How about your latest “party” or “binge drinking episode”? Posting personal information on Facebook, YouTube, Flickr Linked-in, MySpace, Twitter or other social venues may provide the insurance company with additional information to determine you are a higher risk client than suggested by your medical exam or application.

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Should you be Increasing Your Automobile Liability Coverage

Friday, October 8th, 2010

Most Ontario automobile owners purchase higher third party insurance liability limits than the mandatory minimum coverage of $200,000. However, I suggest that the reason a consumer chooses higher coverage (usually $500 thousand or $1 million) is only due to the fact their insurance agent suggests this amount will help keep the overall automobile insurance premium down.

While your insurance representative will be able to help you decide what level of coverage is best for you, it helps to be well-informed about what is available to you before making that call.
The current Ontario law requires that each motor vehicle owner carry a minimum of $200,000. This minimum amount has been in place for decades in Ontario despite the fact that injury awards have increased to keep up with inflation over the years. Take for example, if you were found at-fault for a motor vehicle accident back in 1978 and rendered an accident victim such as a quadriplegic, the courts would have awarded the injured victim approximately $100,000 for pain and suffering. Of course this award would not include other losses for possible past and future medical and/or income losses.

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Strongly consider increasing your No-fault Insurance Benefits – What you need to know about changes to auto insurance in Ontario

Wednesday, September 1st, 2010

The Ontario government is introducing significant reforms to the auto insurance system, if you have never taken the time to consider the differences you can expect from your now Standard Auto Insurance Policy and what it will look like on September 1, 2010, it is imperative you take the time NOW:

Standard Auto Insurance Policy

All auto insurance policies will continue to include the following:

Third‐Party Liability

Uninsured Auto coverage

Direct Compensation‐Property Damage

Statutory Accident Benefits

In addition, if you previously purchased Collision and/or Comprehensive coverage, it will still be included in your policy.

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